California Private Investigator Practice Exam

Does the Private Investigator Act grant clients the privilege of communication without disclosure in court?

1. Yes, if considered confidential

2. No, it requires a nexus for attorney-client privilege

3. Yes, for all communications

4. No, but only for oral communications

The correct answer is: No, it requires a nexus for attorney-client privilege

The correct answer focuses on the nexus required for attorney-client privilege. Under the Private Investigator Act, communications between a private investigator and their client can be privileged, but this is contingent upon certain conditions being met that align with the attorney-client privilege standards. The attorney-client privilege is designed to keep communications confidential when they are made in the course of a professional relationship with an attorney. While private investigators may gather and relay information, not all communications may automatically fall under this privilege unless they directly relate to legal advice or the context of seeking legal representation. This establishes a necessary link or nexus that must exist for those communications to be protected from disclosure in court. This means if a private investigator is working in a way that is more investigatory and less focused on providing legal advice, those communications may not receive the same protections. Other choices suggest blanket protections or misunderstand the conditions under which such privilege is applicable, emphasizing the need for a clear connection to legal counsel for privilege to be intact.