What is the difference between a subpoena and a court order regarding client records?

• A. A subpoena requests records and can be resisted or narrowed; a court order compels disclosure.
• B. A subpoena is always followed by a court order to disclose records.
• C. A subpoena can compel disclosure without negotiation.
• D. A subpoena is only used in federal cases; a court order is used in state cases.

Answer: (A)

Subpoenas and court orders handle records in two distinct ways. A subpoena is a demand for documents or information that comes from the party requesting the records; it can be resisted, narrowed, or modified through privilege claims, objections to scope or relevance, and protective orders. You can negotiate the exact scope or timing before producing anything. A court order, on the other hand, is a judge’s binding command issued after a ruling or hearing, requiring disclosure regardless of objections; noncompliance can lead to sanctions. In practice, you often start with a subpoena and, if the demand is too broad or implicates privilege, you seek to narrow it or move to quash; if the court agrees, it issues an order that compels production. This distinction is why the first option is the best: it captures the idea that a subpoena is a request that can be resisted or narrowed, while a court order compels disclosure.