If you are served with a subpoena, it is a good idea to immediately contact your errors and omissions insurance carrier. This is for two primary reasons:
- First, you want to give prompt notice of any claim potentially involving you.
- Second, many carriers provide a limited amount of coverage for subpoena assistance, and may retain an attorney to assist you with the response at the insurer’s expense.
Regardless, our firm is available to assist with subpoena responses, and we can help you navigate through any concerns regarding confidentiality or privilege of client files and information. If you have been properly served with a subpoena, you are legally required to respond. However, the scope of the subpoena will determine whether the proper response is full compliance with the request, or whether an objection or motion to quash may be needed. It is a good idea to seek legal counsel immediately in connection with a subpoena, because the subpoena will include a time by which you must respond, and you do not want to waive any objections.