Paralegal Certification PrepLitigationMedium
A paralegal is assisting an attorney with a complex commercial litigation case. During discovery, the opposing counsel served a request for production of documents that includes highly sensitive trade secrets belonging to the client. The client is concerned about the confidentiality of this information if it is disclosed to the opposing party. What procedural mechanism can the attorney utilize to protect this sensitive information while still complying with discovery obligations?
- AProtective Order
- BMotion to Dismiss
- CMotion for Sanctions
- DSubpoena Duces Tecum
Show answer & explanationAnswer & explanation
Correct answer: A. Protective Order
A protective order is a court order issued to protect a party from annoyance, embarrassment, oppression, or undue burden or expense during discovery. It can limit the use or disclosure of sensitive information, such as trade secrets, to ensure confidentiality while still allowing discovery to proceed.
Why the other options are wrong
- B. A Motion to Dismiss challenges the legal sufficiency of the complaint, not discovery requests.
- C. A Motion for Sanctions is used to penalize a party for discovery abuses, not to protect sensitive information.
- D. A Subpoena Duces Tecum is a demand for documents, not a mechanism to protect them from disclosure.
Protective Order
A court order that limits discovery or protects a party from annoyance, embarrassment, oppression, or undue burden or expense.
- Issued during discovery phase
- Can restrict who sees documents or how they are used
- Often used for trade secrets or other confidential information
Memory trick: A Protective Order protects sensitive information like a shield around a secret scroll.