Which statement best describes legal professional privilege?

• A. It covers confidential communications that are not for the purpose of giving or receiving advice
• B. It requires disclosure of all client communications to the other party
• C. It applies only to documents created after litigation ends
• D. It is an umbrella term covering both legal advice privilege and litigation privilege

Answer: (D)

Legal professional privilege protects confidential communications between a client and a lawyer about legal matters, so that those communications aren’t disclosed in legal proceedings. It covers two related areas: legal advice privilege and litigation privilege. Legal advice privilege protects communications made for the purpose of seeking or receiving legal advice. Litigation privilege covers materials prepared for the conduct of litigation, including communications between the client, the lawyer, and others involved in the case, specifically for the purposes of litigation. Because these two areas are both aspects of the same protection, the overall term is an umbrella one that describes privilege in its broader sense.

This is why the statement describing it as an umbrella term for both legal advice privilege and litigation privilege is the best fit. The other descriptions are inaccurate: privilege does hinge on confidentiality and the purpose of obtaining or using legal advice or preparing for litigation, it does not require disclosure to the other party, and it can apply to materials produced before litigation or during it, not only after it ends.