Which situations could compromise attorney-client privilege during a deposition?

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!

The situation that could compromise attorney-client privilege during a deposition is when discussions happen in the presence of third parties. Attorney-client privilege is designed to protect the confidentiality of communications between a client and their attorney. If these discussions occur in the presence of individuals who are not part of that confidential relationship, the privilege can be lost. This is because the presence of third parties can give the impression that the communications are not intended to be confidential.

The other scenarios do not necessarily result in a loss of privilege. For instance, written communications may still remain privileged if they are intended to be confidential, even if shared in some contexts. Keeping conversations private between the attorney and the client inherently protects the privilege. Additionally, recording a deposition does not compromise the privilege as long as the recording is done in a confidential manner where no third parties are involved.

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