Exam CFE-Fraud-Investigations-and-Legal-Issues Topic 1 Question 482 Discussion

The litigation privilege protects communications and documents prepared for the purpose of litigation once litigation is reasonably anticipated. It is similar to the U.S. attorney work-product doctrine and may extend to work performed by third-party agents, such as consultants, forensic accountants, and fraud examiners, when they are assisting legal professionals in preparation for litigation. Option A is too narrow because the privilege is not limited to documents intended to be used as evidence. Option B is incorrect because materials created before litigation was contemplated are generally not protected merely because they later become relevant. Option C is also too narrow because third-party agents can fall within the protection when properly engaged for litigation purposes. Therefore, option D is the most accurate statement.