Certified Fraud Examiner 2025 – 400 Free Practice Questions to Pass the Exam

In the context of attorney-client privilege, the key concept is that certain communications between a client and their attorney are protected from disclosure to third parties. This privilege encourages open and honest communication, which is crucial for effective legal representation.

The conditions necessary for the establishment of attorney-client privilege include:

- Legal advice must be sought or provided, establishing the purpose of the communication as part of the legal representation.

- The communications must be confidential, meaning they are not meant to be disclosed to anyone outside of the attorney-client relationship.

- An attorney-client relationship must be established, which is usually marked by the client's request for legal advice and the attorney's acceptance of that client.

When considering these conditions, the notion of privilege being waived stands out. If the privilege has been waived, then the protection over those communications is no longer applicable. This means that what was originally protected under the attorney-client privilege can be disclosed if either party decides to share that information. Thus, privilege being waived is not a condition for the privilege's existence; rather, it indicates that the privilege no longer applies. Therefore, identifying this as not a condition for the attorney-client privilege is accurate.