How should privilege be handled in response to subpoenas, including redaction and protective orders?

• A. Disclose all requested information.
• B. Refuse to disclose anything.
• C. Share selectively; limit disclosures to legally required information, invoke privilege, consult counsel, and document disclosures.
• D. Ignore protective orders.

Answer: (C)

Handling privilege in response to subpoenas means balancing compliance with production while protecting confidential attorney-client communications and work product. When a subpoena arrives, review what is being asked and identify any materials that are privileged or protected. Produce only what is legally required and non-privileged, but do not disclose privileged information. Invoke privilege where appropriate, and consult with counsel to determine the exact scope of protection and how to assert it. If protective orders apply, follow them carefully, which may involve limiting who can view the materials, where they can be shared, or under what conditions. Redaction is used to remove privileged content from otherwise responsive documents, allowing non-privileged information to be produced. Keep a detailed log of what was disclosed and why certain items were withheld or redacted, so you can demonstrate compliance and preserve privilege if challenged. This approach avoids unnecessary disclosure, helps prevent waiving privilege, and ensures you meet legal obligations while protecting confidential information.