What factors are required for professional-client privilege to arise? Choose 2 answers.

• A professional and his or her client have communicated in confidence.
• A professional and his or her client have communicated about a legal case.
• A professional and his or her client have communicated for the purpose of seeking, obtaining, or providing legal assistance to the client.
• A professional and his or her client have communicated about fees.

What is the term for the legal right to keep confidential communications between an attorney and a client secret?

• attorney-client relationship
• the right to remain silent
• attorney-client privilege
• professional courtesy

Under the common law, professionals such as attorneys and accountants may be liable to their clients for: (Choose 3 answers.)

• mistake of fact.
• breach of contract.
• fraud.
• negligence.

What is the term for professional negligence that arises when a professional fails to exercise reasonable care and professional judgment?

• criminal misconduct
• misappropriation
• inequity
• malpractice

When a professional acts in self-interest, rather than the best interest of a client, the professional has:

• committed criminal misconduct.
• created a usurious contract.
• breached his or her fiduciary duty.
• misappropriated his or her power.

In order to prevail in a claim for breach of fiduciary duty, you must be able to prove the following elements: (Choose 3 answers.)

• damages.
• malice.
• breach.
• duty.

What are the main principles of the doctrine of privity? Choose 2 answers.

• Contracts must be formed according to certain legal standards and with legal terminology appropriate to the type of contract.
• Only parties to contracts should be able to sue to enforce their rights or claim damages as such.
• Contracts are private transactions and only the parties involved should know the terms of the contract.
• A contract cannot impose obligations upon any person who is not a party to the contract.

What is the term for a legal contact, connection, or mutual interest between parties, such as the parties to a contract?

• privity
• attorney-client relationship
• attorney-client privilege
• entanglement

Under the Ultramares rule, accountants who fail to exercise due care are liable to a third party only if they know: (Choose 3 answers.)

• that the third party will rely on the work product for a particular, known purpose.
• that the third party will see their work product.
• that there is a mistake in their work.
• the identity of the third party.

What was the original decision in the Ultramares case?

• The defendant was ruled liable for fraud even though there was no privity of contract.
• The defendant was ruled liable for negligence even though there was no privity of contract.
• The defendant was ruled liable for fraud due to privity of contract.
• The defendant was ruled liable for negligence due to the privity of contract.