- A
Engage the forensics firm under the direction of legal counsel.
This helps ensure that findings are covered by attorney-client privilege.
- B
Have the forensics firm work independently to maintain objectivity.
Why wrong: Independence is important, but privilege requires legal counsel involvement.
- C
Ensure the forensics firm signs a non-disclosure agreement only.
Why wrong: NDA is important but does not establish privilege.
- D
Have the forensics firm report directly to the CISO.
Why wrong: Direct reporting may not preserve privilege; legal oversight is needed.
Question 498 of 905
CISM Incident Management Practice Question
This CISM practice question tests your understanding of incident management. Read the scenario carefully and evaluate each option against the stated constraints before committing to an answer. After answering, compare your reasoning against the explanation and wrong-answer breakdown below. Once you have made your selection, read the full explanation to reinforce the concept and understand why each distractor is designed to mislead on exam day.
During a data breach investigation, an organization engages an external forensics firm. To preserve attorney-client privilege, which of the following is the BEST practice?
Clue words in this question
Noticing these words before you look at the options changes how you read each choice.
Clue:
"best"Why it matters: Signals that multiple options may be partially correct. Choose the option that most directly solves the exact problem described, not the one that sounds most complete.
Answer choices
Why each option matters
Answer the question above first, then reveal the full breakdown to understand why each option is right or wrong.
Correct answer & explanation
✓
Engage the forensics firm under the direction of legal counsel.
Engaging the forensics firm under the direction of legal counsel is the best practice because it extends attorney-client privilege to the investigation. When counsel directs the work, communications and findings are protected as work product, preventing disclosure in litigation. This is a foundational principle in incident response legal strategy.
Key principle: Answer the scenario, not the keyword: identify the specific constraint before choosing the most familiar-sounding option.
Answer analysis
Option-by-option breakdown
For each option: why learners choose it and why it is or isn't the right answer here.
- ✓
Engage the forensics firm under the direction of legal counsel.
Why this is correct
This helps ensure that findings are covered by attorney-client privilege.
Clue confirmation
The clue word "best" in the question point toward this answer.
Related concept
Read the scenario before looking for a memorised answer.
- ✗
Have the forensics firm work independently to maintain objectivity.
Why it's wrong here
Independence is important, but privilege requires legal counsel involvement.
- ✗
Ensure the forensics firm signs a non-disclosure agreement only.
Why it's wrong here
NDA is important but does not establish privilege.
- ✗
Have the forensics firm report directly to the CISO.
Why it's wrong here
Direct reporting may not preserve privilege; legal oversight is needed.
Common exam traps
Common exam trap: answer the scenario, not the keyword
The trap here is that candidates confuse confidentiality (NDA) with legal privilege, or assume operational independence (reporting to CISO) is acceptable, when only attorney-directed engagement preserves privilege under evidentiary rules.
Detailed technical explanation
How to think about this question
Attorney-client privilege under the work product doctrine (Fed. R. Civ. P. 26(b)(3)) protects materials prepared in anticipation of litigation. In practice, the engagement letter must explicitly state that counsel directs the investigation, and all reports should be addressed to counsel. A common real-world scenario is when a breach leads to shareholder lawsuits; privileged forensic reports can be withheld, while non-privileged reports must be produced.
KKey Concepts to Remember
- Read the scenario before looking for a memorised answer.
- Find the constraint that changes the correct option.
- Eliminate answers that are true in general but not in this case.
TExam Day Tips
- Watch for words such as best, first, most likely and least administrative effort.
- Review why wrong options are wrong, not only why the correct option is correct.
Key takeaway
Answer the scenario, not the keyword: identify the specific constraint before choosing the most familiar-sounding option.
Real-world example
How this comes up in practice
A junior network technician can log in to a core router but cannot reach the enable prompt or configuration mode. The AAA server is authenticating the login — but the authorisation policy only grants privilege level 1, not 15. Authentication (who you are) is working; authorisation (what you can do) is not.
What to study next
Got this wrong? Here's your next step.
Identify which exam domain this question belongs to, review the core concept, then practise similar questions from the same domain.
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FAQ
Questions learners often ask
What does this CISM question test?
Incident Management — This question tests Incident Management — Read the scenario before looking for a memorised answer..
What is the correct answer to this question?
The correct answer is: Engage the forensics firm under the direction of legal counsel. — Engaging the forensics firm under the direction of legal counsel is the best practice because it extends attorney-client privilege to the investigation. When counsel directs the work, communications and findings are protected as work product, preventing disclosure in litigation. This is a foundational principle in incident response legal strategy.
What should I do if I get this CISM question wrong?
Identify which exam domain this question belongs to, review the core concept, then practise similar questions from the same domain.
Are there clue words in this question I should notice?
Yes — watch for: "best". Signals that multiple options may be partially correct. Choose the option that most directly solves the exact problem described, not the one that sounds most complete.
What is the key concept behind this question?
Read the scenario before looking for a memorised answer.
About these practice questions
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Last reviewed: Jul 4, 2026
This CISM practice question is part of Courseiva's free ISACA certification practice question bank. Courseiva provides original exam-style practice questions with explanations, topic-based practice, mock exams, readiness tracking, and study analytics to help learners prepare for the CISM exam.
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