Civil Cases Have No Privilege
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Civil Procedure1
Example wrong choices
19840_red_sea_bridge_bolts · CIVIL_PROCEDURE · Choice AYes, unless Lydia's lawyer later states the name in open court.
Why it's attractive
The choice sells a waiver story because lawyers repeating facts in court sounds like the moment a privilege would be lost. The breaker is that the asked-for item is an underlying fact, so waiver timing is not the question.
Why it's wrong
The choice answers a later waiver problem, not whether the underlying name was privileged when requested.
Spot it next time
Circle the asserted ground in the stem and reject events not in the stem.
19840_red_sea_bridge_bolts · CIVIL_PROCEDURE · Choice BNo, because attorney-client privilege never applies in civil cases.
Why it's attractive
The choice sells an easy no by using a broad civil-case shortcut. The breaker is the absolute never, which contradicts the privilege frame rather than answering the fact-versus-communication split.
Why it's wrong
The word never overclaims by erasing civil attorney-client privilege.
Spot it next time
Test both halves: the outcome may be right while the reason is overbroad.
19840_red_sea_bridge_bolts · CIVIL_PROCEDURE · Choice CYes, because every fact a client discusses with a lawyer while seeking legal advice becomes privileged.
Why it's attractive
The choice sells privacy because the fact was discussed with a lawyer during a legal-advice meeting. The breaker is the word every, which tries to convert all discussed facts into protected material.
Why it's wrong
The phrase every fact overextends privilege from communications to underlying facts.
Spot it next time
Ask whether the request seeks the fact itself or the lawyer conversation.
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