Janis Meyer Offers Tips about Responding to a Third-Party Subpoena
Janis Meyer talked to Andrew Strickler of Law360 about third-party subpoena response strategies. Often vague or overreaching, such requests for information related to current or past clients have been on the rise in recent years.
Meyer said lawyers should ensure the client fully understands the implications of the subpoena, and is able to make an informed decision about how it wants to respond. "Ninety-nine percent of the information might be privileged or confidential, but you have to go through the whole process of identifying anything that might not be and talk it through with the client," she said. "For reasons you might not be fully aware of, they may want a very careful review and say, 'I don't want a single document produced we don't have to, and we'll pay you to do that review.'"
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"4 Tips for Easing the Pain of Answering Firm Subpoenas" was published by Law360, February 22, 2017.