Paralegal Advanced Competency Exam (PACE) Practice Exam

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What is the attorney-client privilege?

The obligation of lawyers to represent clients

The client's right to confidentiality with their attorney

The attorney-client privilege is fundamentally the client's right to confidentiality with their attorney. This privilege is established to promote open and honest communication between clients and their legal counsel. It ensures that anything communicated by the client to the attorney remains confidential and cannot be disclosed to others without the client’s consent. This protection encourages clients to share all relevant information, which allows attorneys to provide the most effective representation. This privilege is rooted in the belief that communications between a client and attorney should be free from the fear of disclosure, thereby fostering a trust-based relationship essential for legal representation. If clients believed their disclosures could be shared with outsiders, they might withhold important information that could affect their case, ultimately undermining the legal process. The other options address different aspects of the legal profession but do not define the attorney-client privilege accurately. For example, the obligation of lawyers to represent clients relates to the duty of representation and does not encompass confidentiality. The lawyer's right to disclose client information contradicts the essence of the privilege, and any requirement for clients to share all information would be at odds with their right to choose what to disclose. Thus, the correct understanding of attorney-client privilege centers on the client's right to confidentiality in their communications with their attorney.

The lawyer's right to disclose client information

A requirement for clients to share all information

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