Which situation does NOT fall under the attorney-client privilege?

Study for the Model Rules of Professional Conduct Exam. Access flashcards and multiple choice questions with hints and explanations. Prepare effectively for your test!

The attorney-client privilege is a fundamental legal principle that ensures clients can communicate openly with their attorneys without fear of disclosure. This privilege applies to confidential communications made for the purpose of seeking legal advice or representing the client's interests.

In the context of the question, communications made in the presence of a third party do not fall under the attorney-client privilege because the presence of an outside individual can compromise the confidentiality of the communication. The core of the privilege is that the communication must be made in a private setting, where only the attorney and the client are present. When a third party is introduced into the conversation, the expectation of confidentiality is diminished, which can nullify the protection offered by the privilege.

In contrast, information disclosed to a lawyer for legal advice, private discussions about case strategy, and written briefs prepared for court all involve communications or documents that are created with the expectation of confidentiality and are integral to the attorney-client relationship. Therefore, these scenarios would generally fall under the protection of attorney-client privilege.

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