- A
Have all communications with the forensic firm go through the CISO.
Why wrong: The CISO may not be legal counsel; privilege requires legal direction.
- B
Avoid documenting any findings related to the breach until after litigation is resolved.
Why wrong: Not documenting is impractical and may hinder response.
- C
Ensure the forensic engagement letter includes a clause acknowledging attorney-client privilege.
Why wrong: While helpful, the key is legal counsel directing the work.
- D
Direct the forensic investigators to report to legal counsel and mark all deliverables as privileged.
This ensures the work is done under legal direction and protected by privilege.
Question 846 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 major data breach investigation, legal counsel advises the incident response team to preserve attorney-client privilege over communications with external forensic investigators. Which of the following actions BEST supports this objective?
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
✓
Direct the forensic investigators to report to legal counsel and mark all deliverables as privileged.
Option D is correct because directing forensic investigators to report directly to legal counsel and marking all deliverables as privileged establishes a clear legal framework for attorney-client privilege. This ensures that communications and work product are protected from discovery in litigation, as they are created under the direction of legal counsel for the purpose of providing legal advice.
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.
- ✗
Have all communications with the forensic firm go through the CISO.
Why it's wrong here
The CISO may not be legal counsel; privilege requires legal direction.
- ✗
Avoid documenting any findings related to the breach until after litigation is resolved.
Why it's wrong here
Not documenting is impractical and may hinder response.
- ✗
Ensure the forensic engagement letter includes a clause acknowledging attorney-client privilege.
Why it's wrong here
While helpful, the key is legal counsel directing the work.
- ✓
Direct the forensic investigators to report to legal counsel and mark all deliverables as privileged.
Why this is correct
This ensures the work is done under legal direction and protected by privilege.
Related concept
Read the scenario before looking for a memorised answer.
Common exam traps
Common exam trap: answer the scenario, not the keyword
Cisco often tests the misconception that a contractual clause or routing through a senior executive (like the CISO) is sufficient to preserve privilege, when in fact the legal control and direction by counsel is the critical factor.
Detailed technical explanation
How to think about this question
Under the work product doctrine and attorney-client privilege, communications and materials prepared at the direction of legal counsel for anticipated litigation are protected. In practice, forensic investigators must be engaged by legal counsel, with all findings reported to counsel, and deliverables clearly marked as 'Privileged & Confidential – Attorney Work Product' to establish a defensible chain. A common real-world scenario is the 'Kovel' letter, which formalizes the forensic firm as an agent of legal counsel, ensuring privilege extends to their technical analysis.
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: Direct the forensic investigators to report to legal counsel and mark all deliverables as privileged. — Option D is correct because directing forensic investigators to report directly to legal counsel and marking all deliverables as privileged establishes a clear legal framework for attorney-client privilege. This ensures that communications and work product are protected from discovery in litigation, as they are created under the direction of legal counsel for the purpose of providing legal advice.
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.
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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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