Law and Ethics Practice Exam

What is a common exception to client privilege regarding counseling?

1. Client waives the privilege

2. Client is under 18 years old

3. Client's information is shared with family

4. Client requests anonymity

The correct answer is: Client waives the privilege

Client privilege, often referred to as attorney-client privilege or counselor-client privilege, protects communications between a client and their counselor from being disclosed without the client's consent. However, this privilege is not absolute and comes with certain exceptions. One of the common exceptions to client privilege is when the client actively waives that privilege. By choosing to waive the privilege, the client willingly allows for their confidential communications to be disclosed. This can happen in various contexts, such as when a client wants to share their experiences publicly or when they seek to use certain statements made during counseling in a legal matter. The decision to waive privilege must be made clearly and knowingly, as it impacts the confidentiality that is typically guaranteed in counseling settings. In contrast, the other scenarios involve factors that do not typically result in an exception to client privilege. For instance, a minor's age may introduce additional legal complexities regarding consent but does not inherently eliminate client privilege. Similarly, sharing information with family members can breach confidentiality, but it does not automatically negate the privilege unless the client has consented to such sharing. Lastly, requesting anonymity does not equate to a waiver of privilege; instead, it often reflects a desire for confidentiality that is fundamentally reinforced by the privilege itself.