- A
Share evidence directly with law enforcement
Why wrong: This may waive privilege.
- B
Involve legal counsel to manage privilege
Legal counsel can direct the investigation to preserve privilege.
- C
Ignore privilege to speed up investigation
Why wrong: Privilege is important for legal protection.
- D
Publicly disclose the evidence
Why wrong: Public disclosure waives privilege.
Question 294 of 905
CISM Incident Management Practice Question
This CISM practice question tests your understanding of incident management. The scenario asks you to isolate a root cause — eliminate options that address a different problem before choosing. 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 forensic investigation, the external forensics firm discovers evidence that may indicate criminal activity. The incident manager wants to ensure attorney-client privilege is maintained. What should be done?
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
✓
Involve legal counsel to manage privilege
Involving legal counsel is essential to establish and preserve attorney-client privilege over the forensic investigation. Legal counsel can direct the scope of the investigation, issue a 'Kovel letter' to engage the external forensics firm as an agent of the attorney, and ensure that all communications and findings are protected under the work-product doctrine. Without this step, any evidence of criminal activity could be deemed discoverable and waive privilege, potentially compromising the organization's legal defense.
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.
- ✗
Share evidence directly with law enforcement
Why it's wrong here
This may waive privilege.
- ✓
Involve legal counsel to manage privilege
Why this is correct
Legal counsel can direct the investigation to preserve privilege.
Related concept
Read the scenario before looking for a memorised answer.
- ✗
Ignore privilege to speed up investigation
Why it's wrong here
Privilege is important for legal protection.
- ✗
Publicly disclose the evidence
Why it's wrong here
Public disclosure waives privilege.
Common exam traps
Common exam trap: answer the scenario, not the keyword
Cisco often tests the misconception that speed or direct law enforcement cooperation is the priority, but the trap here is that preserving attorney-client privilege requires legal counsel to be involved from the outset, not after evidence is already shared.
Detailed technical explanation
How to think about this question
Under the attorney-client privilege framework, the 'Kovel' extension (from United States v. Kovel, 296 F.2d 918 (2d Cir. 1961)) allows a forensic expert to be treated as an agent of the attorney, provided the expert's work is directly assisting the attorney in providing legal advice. The incident manager must formally engage legal counsel before the forensic investigation begins, and all communications must be marked 'Attorney-Client Privileged' and 'Work Product' to maintain the privilege. In practice, this means the external forensics firm should report findings only to legal counsel, not to the incident manager or IT team, to avoid inadvertent waiver.
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: Involve legal counsel to manage privilege — Involving legal counsel is essential to establish and preserve attorney-client privilege over the forensic investigation. Legal counsel can direct the scope of the investigation, issue a 'Kovel letter' to engage the external forensics firm as an agent of the attorney, and ensure that all communications and findings are protected under the work-product doctrine. Without this step, any evidence of criminal activity could be deemed discoverable and waive privilege, potentially compromising the organization's legal defense.
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.
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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