When dealing with subpoenas or court orders, how should a practitioner handle privilege, redaction, and protective orders?

• A. Limit disclosures to legally required information, invoke privilege where applicable, consult counsel, and document all disclosures and rationale.
• B. Disclose full client records proactively to satisfy orders.
• C. Ignore privilege and disclose everything.
• D. Permit the client to decide what to disclose in all cases.

Answer: (A)

The main point is to comply with a subpoena or court order without sacrificing client confidentiality and privilege. In practice, you review the request carefully to determine exactly what the order requires and what can be protected. Disclose only what the law requires, not more. When a privilege applies—such as attorney–client communications or work product—assert the privilege and provide only non-privileged material. If the content must be shown but contains privileged material, use redaction to remove the protected portions while still supplying the required information. When the scope is overly broad or could cause unnecessary disclosure, seek a protective order to narrow the amount of material, restrict who can access it, or limit how it may be used. If needed, request an in-camera review by the court to resolve gray areas.

Keeping a clear record is essential: document what was disclosed, what was withheld, and the legal basis for each decision. Consulting counsel helps ensure you're applying privilege rules correctly and that any protective measures are properly supported by law. This approach balances the duty to comply with legal process with the obligation to protect client secrets and strategic information.

Disclosing everything, ignoring privilege, or leaving the decision entirely to the client in all cases would undermine confidentiality and the protections that privilege provides, which is why those paths are not appropriate.