During a P1 (critical) incident, the incident response manager has been providing hourly situation reports (sitreps) to executives. What is the primary reason for involving legal counsel in these communications?
Trap 1: To approve technical containment actions
Technical actions are decided by the IR team, not legal counsel.
Trap 2: To coordinate with external forensics firms
Coordination with forensics is an operational matter, not the primary role of legal in sitreps.
Trap 3: To ensure compliance with regulatory notification deadlines
Regulatory deadlines are important but not the primary reason for counsel involvement in sitreps.
- A
To approve technical containment actions
Why it fails: Technical actions are decided by the IR team, not legal counsel.
- B
To preserve attorney-client privilege and avoid creating damaging records
Legal counsel involvement preserves attorney-client privilege over incident communications, shielding sensitive findings from later discovery. This satisfies the stem's constraint: executives receiving hourly sitreps during a P1 incident could inadvertently create damaging, disclosable records. Counsel directs wording and distribution so privileged analysis remains protected, while factual operational updates continue.
- C
To coordinate with external forensics firms
Why it fails: Coordination with forensics is an operational matter, not the primary role of legal in sitreps.
- D
To ensure compliance with regulatory notification deadlines
Why it fails: Regulatory deadlines are important but not the primary reason for counsel involvement in sitreps.