CISM Incident Management Practice Question
During a data breach investigation, the legal counsel advises the incident response team to ensure that communications with external forensic experts are protected by attorney-client privilege. Which action best preserves this privilege?
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
✓
Engaging the forensic firm through legal counsel and ensuring that their work is done at the direction of legal
Engaging the forensic firm through legal counsel and having them work under the direction of legal helps protect communications under attorney-client privilege. Direct engagement by the business may waive privilege.
Answer analysis
Option-by-option breakdown
For each option: why learners choose it and why it is or isn't the right answer here.
- ✗
Using a pre-existing retainer agreement without legal involvement
Why it's wrong here
A retainer alone does not ensure privilege; legal direction is necessary.
- ✗
Having the forensic firm report directly to the CISO
Why it's wrong here
Direct reporting to the CISO may not be covered by privilege if legal is not directing the work.
- ✗
Having the forensic firm sign a non-disclosure agreement
Why it's wrong here
An NDA protects confidentiality but does not establish attorney-client privilege.
- ✓
Engaging the forensic firm through legal counsel and ensuring that their work is done at the direction of legal
Why this is correct
This approach maintains attorney-client privilege by making the forensic work part of legal advice.
Go deeper
Related to this question
About these practice questions
One of 871 original CISM practice questions on Courseiva, each with a full explanation and wrong-answer analysis — not exam dumps or protected exam content. Learn why practice questions differ from exam dumps →
JA
Written by Johnson Ajibi, MSc IT Security
Senior Network & Security Engineer · founder of Courseiva
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.