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Questions and Answers
If records are withheld from production, what additional information should be provided to DC?
If records are withheld from production, what additional information should be provided to DC?
How should the day count for compliance be initiated?
How should the day count for compliance be initiated?
What is one responsibility of the PL Attorney upon receiving documents from the copier?
What is one responsibility of the PL Attorney upon receiving documents from the copier?
If the PL Attorney allows the production of records to DC, what follows?
If the PL Attorney allows the production of records to DC, what follows?
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Who generally pays for the legal service provider in a first-look agreement?
Who generally pays for the legal service provider in a first-look agreement?
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Which advantage is cited in the objectives of the agreement?
Which advantage is cited in the objectives of the agreement?
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What is the primary purpose of a First-Look Agreement?
What is the primary purpose of a First-Look Agreement?
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When is it ideal to propose or enter into a First-Look Agreement?
When is it ideal to propose or enter into a First-Look Agreement?
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Which parties are directly involved in a First-Look Agreement?
Which parties are directly involved in a First-Look Agreement?
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What should be included in a written stipulation for a First-Look Agreement?
What should be included in a written stipulation for a First-Look Agreement?
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If a First-Look Agreement is made verbally, what is the best course of action afterward?
If a First-Look Agreement is made verbally, what is the best course of action afterward?
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What happens if the PL Atty objects to the records reviewed under the First-Look Agreement?
What happens if the PL Atty objects to the records reviewed under the First-Look Agreement?
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Which of the following is NOT a typical procedure in a First-Look Agreement?
Which of the following is NOT a typical procedure in a First-Look Agreement?
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What is necessary to define in a First-Look Agreement regarding compliance time?
What is necessary to define in a First-Look Agreement regarding compliance time?
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First-look agreements typically involve what type of subpoenas?
First-look agreements typically involve what type of subpoenas?
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Study Notes
Responding to Subpoenas: First-Look Agreement
- A pre-arranged and ongoing agreement between parties involved in a legal proceeding
- Allows the party seeking information (PL) to review subpoenaed records before production to the opposing party (DC)
- Provides PL's attorney the opportunity to identify and address privileged, irrelevant, or objectionable information within the records
- Allows for objections and redaction/removal of objectionable information
- Agreements are often established before or during the discovery phase of a legal case
- Parties involved can include the law firm (FLF), opposing party (DC), and the deposition officer/legal services company
- Third-party deponents are also sometimes involved, but not a part of the agreement
- Agreements should be in writing but can initially be made via phone
Stipulation or Agreement with DC
- Agreements may be made via phone or in writing
- If via phone, immediately reduce the agreement to writing; ideally via email
- Documenting verbal agreements via email is a minimum need; having a written agreement signed by DC is optimal
- Specific time frames are needed ("Period to Comply") for the first-look period and must specify whether it is calendar or business days
Procedure
- Procedure varies based on the terms of the agreement; it is often as follows:
- DC issues the subpoena (SP)
- The party receiving the subpoena (PL) requests the records based on the first-look agreement
- 3rd party records are obtained
- The copying/legal service party provides records to the requesting party (PL)
- The opposing party (PL) reviews records in the timeframe specified
- PL's attorney objects or allows production to the opposing party (DC)
- The service party provides documents to DC if the opposing party (PL) has allowed or accepted
- If the opposing party (PL) objects, there are often steps the requesting party (DC) will need to take to resolve
- An alternative way of dealing with subpoena requests allows steps to be taken concurrently
- Relevant timestamps need to be checked as part of proper counting
Counting the Period to Comply
- Verify the precise date the records were received
- Utilize the file name/database system for accurate receipt dates
- Calculate the appropriate number of days of review based on the agreement's terms
Compliance with Agreement: If we object
- Clearly state what the disputed records relate to, without revealing confidential details
- State why the information is believed to be irrelevant or inappropriate
- Provide relevant timestamps if required
- Provide page ranges of questionable relevance
- Establish grounds or reasons for objection (e.g. sensitive personal details, timeframes exceeding an agreed period)
- Provide a privilege log if needed
Compliance with Agreement: General Nature and Conditions
- Concisely describe the general nature of the condition you claim is unrelated
- Reference the range of pages/records in question
- Provide examples like 'treatment of cardiac issues' or 'treatment of reproductive issues'
Compliance with Agreement: Objective Statements
- Avoid subjective conclusions stating the records are "unrelated"
- Provide sufficient information that allows the receiving party (DC) to determine the appropriateness that the records are "unrelated"
- The receiving party (DC) should be informed as to why the records are being withheld
Who Pays for Legal Service Provider?
- Generally, the party proposing the first-look agreement pays the legal service provider.
- Specific costs will be determined by the contents of the agreement
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Description
This quiz covers the first-look agreements in legal proceedings, focusing on how parties can manage subpoenaed records. Learn about the rights of the requesting party to review documents before production and the processes involved in addressing privileged or objectionable information.
