What must an attorney show to prove information is privileged?

• A. A communication between client and counsel that was with someone working for the lawyer and the communication is necessary to supply a basis for legal advice; communication was kept confidential; made for the predominant purpose of obtaining or providing legal advice
• B. That the information concerns financial matters
• C. That the communication occurred outside the presence of the client
• D. That the information is stored electronically

Answer: (A)

Attorney-client privilege protects confidential communications between a client and an attorney (and those necessary to help the attorney provide legal services) when the purpose is to seek or obtain legal advice. The essential elements are threefold: the communication must be between the client and the lawyer (or an agent essential to legal representation), it must be made for the predominant purpose of obtaining or providing legal advice, and it must be kept confidential. The option described fits all three: it involves a client, the lawyer, and a necessary intermediary, shows the purpose as seeking or providing legal advice, and emphasizes confidentiality. Financial matters alone, or communications outside the client’s presence, or mere electronic storage, do not by themselves establish privilege unless all three elements (including the legal-advice purpose and confidentiality) are present.