How must an attorney show that information is privileged?

• A. Through documentation and objection
• B. By filing a discovery motion only
• C. By ignoring confidentiality concerns
• D. By presenting at trial

Answer: (A)

To protect privileged information, an attorney must clearly and formally claim the privilege and back that claim with documentation. In discovery, the privilege claim is conveyed by making an explicit assertion of privilege and by providing a privilege log that describes the nature of each withheld document—who wrote it, who received it, when it was created, and the specific privilege being invoked. This documentation lets the other side evaluate whether the privilege applies. Along with the assertion, an objection is raised to the particular discovery request, preserving the privilege and preventing disclosure. This combination—explicitly claiming privilege and supplying the descriptive documentation—meets the procedural requirement for withholding information. Without the documentation and objection, information can be compelled to be produced, and the privilege could be waived.