ACP Evidence & Discovery Management 3

Question 1

For a communication to be protected by the attorney-client privilege, which of the following elements must be satisfied?

Accepted Answer

The communication must be confidential, between attorney and client, and made for the purpose of seeking or providing legal advice

Answer

Attorney-client privilege requires: (1) a confidential communication, (2) between attorney and client (or their agents), (3) made for the purpose of seeking or providing legal advice.

Question 2

The work product doctrine under FRCP Rule 26(b)(3) protects:

Accepted Answer

Documents and tangible things prepared in anticipation of litigation by or for a party or its representative

Answer

The work product doctrine protects documents and tangible things prepared in anticipation of litigation or for trial by or for a party or its representative, including attorneys, paralegals, and consultants.

Question 3

What is a 'clawback' agreement in the context of electronically stored information (ESI) discovery?

Accepted Answer

An agreement permitting parties to retrieve inadvertently produced privileged documents without waiving the applicable privilege

Answer

A clawback agreement, typically incorporated into a court order under FRE 502(d), allows parties to retrieve inadvertently produced privileged materials without waiving privilege, protecting against the consequences of large-scale ESI review errors.

Question 4

Which party bears the burden of establishing that a privilege applies to documents withheld from discovery production?

Accepted Answer

The party asserting the privilege and withholding the documents

Answer

The party asserting a privilege bears the burden of establishing all elements of the privilege claim, typically through a privilege log that provides sufficient information for the opposing party and court to evaluate the claim.

Question 5

A privilege log in discovery is required to:

Accepted Answer

Identify each document withheld on privilege grounds and provide information sufficient to assess the privilege claim

Answer

A privilege log must identify each withheld document and typically includes the date, author, recipients, document type, and the privilege asserted, allowing opposing counsel and the court to evaluate the claim without seeing the protected content.

(ACP) Advanced Certified Paralegal Practice Test

(ACP) Advanced Certified Paralegal Practice Test

ACP Evidence & Discovery Management 3