What kind of information would typically not be protected under attorney-client privilege?

Prepare for the AAERT Certified Deposition Reporter Exam. Use flashcards and multiple choice questions with explanations and hints. Be confident and ready for your test day!

Attorney-client privilege is a legal concept that protects certain communications between a lawyer and their client from being disclosed without the permission of the client. This privilege is designed to encourage open and honest communication between clients and attorneys, allowing clients to seek legal advice without fear that their communications could later be used against them.

Communications made for illegal activities fall outside the scope of attorney-client privilege. The rationale behind this exception is that the privilege is designed to protect legal advice and strategies related to legal matters, not to shield conversations that involve the planning or execution of illegal acts. When a client discusses a crime or plans to commit a crime with their attorney, that communication cannot be protected under the privilege because the law does not support the concealment of unlawful activities. Thus, if an attorney knows that the client is seeking legal advice to commit a crime, they are not obligated to keep that conversation confidential and may be required to report it.

This distinction is crucial because it maintains the integrity of the legal system while ensuring that the privilege is used for its intended purpose: to facilitate legitimate legal discussions.

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