What categories of communications does legal professional privilege cover?

• A. Privilege protects confidential communications between lawyer and client for seeking/receiving legal advice; covers legal strategy and confidential communications, with exceptions
• B. Public communications
• C. Communications with third parties
• D. Communications about marketing

Answer: (A)

Legal professional privilege protects confidential communications between a lawyer and the client that are made for seeking or receiving legal advice. This includes discussions about legal strategy as part of providing or obtaining legal services. The key point is confidentiality and purpose: the exchange must be intended to obtain or give legal advice. It doesn’t cover public disclosures, nor communications with third parties who aren’t essential to the provision of legal services, and it excludes marketing communications. There are important exceptions, such as when confidentiality is waived or when the communication is used to plan or commit wrongdoing (the crime-fraud exception).