June 01, 2016

Scruples: Responding to a Subpoena Seeking a Client’s Information

The attorney-client privilege and the work-product protection are narrower than the duty of confidentiality.

Michael Downey

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Ethox called Paradox’s cell phone. “You need help responding to a subpoena?” Ethox asked.

“Yes,” Paradox responded. “Remember when we defended ACME Corporation against a claim Nemesis had brought? Well, ACME has now sued Nemesis for abuse of process, and Nemesis has subpoenaed us.

“I have looked at the subpoena,” Paradox continued. “Nemesis wants our file, our billings, and other records. Can we just say all the information is confidential and get the subpoena quashed?”

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