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13 Cards in this Set

  • Front
  • Back
With respect to the Work Product Doctrine, if a company shares a report with a third party it is likely that they will have lost their privilege to keep this document confidential in any subsequent litigation.
True
To preserve attorney - client privilege in an investigation it is generally preferable to have an outside legal counsel direct investigation.
True
Federal law does not generally recognize a privilege for auditor - client communications.
True
A company hires a fraud examiner to investigate an allegation of fraud. The fraud examiner submits a written report to the company who in turn share it with their outside legal counsel. This report will be protected under the attorney-client privilege.
False
It is generally easier to maintain the ACP when using in-house legal counsel to conduct an investigation that it is using an independent, external law firm.
False
To maintain attorney - client privilege it is usually better to have a written report, or deliverable, between two parties than it is to merely rely on oral communication.
False
The attorney-client privilege protects facts, not communications between the two parties.
False
The protect the work of the fraud examiner under the attorney - client privilege it is generally preferable to have an outside legal counsel hire the fraud examiner and have the fraud examiner report directly to the outside legal counsel.
True
Routine internal audit reports prepared by the internal audit team for management will be protected under the ACP or WPD.
False
If a firm is conducting a legal investigation into allegations of fraud, the legal counsel in charge of the investigation should always hire the firm's external financial statement auditor for the forensic accounting work since they would be most knowledgeable about the company.
False
The attorney-client privilege rests with the client. In the context of an employee communicating with her employer's corporate attorney, the client would be the employee communicating with the corporate attorney so she can be confident her communications will be protected unless she chooses to to waive this privilege
False
The Work Product Doctrine is broader than the ACP and extends to any document prepared in anticipation of litigation by or for an attorney.
True
Specific actions that can be taken to preserve the privilege under the Work Product Doctrine include:
A)Limiting copies of the information
B)Marking the copies "Confidential."
C)Granting access to the documents only to those on a need-to-know basis.
D)All of the above
All of the above