Subpoena Response Missteps Have Consequences Your Business Can’t Afford

At best, a third-party subpoena is an annoying, frustrating headache. At worst, it’s a cost of doing business that can become an outsized problem.

Subpoenas arrive without warning, from multiple channels, in varying formats, and with differing deadlines and response obligations. Some are straightforward. Others implicate sensitive data, internal processes, and cross-jurisdictional complications. Still others may be efforts to probe for a potential class case that aren’t immediately obvious.

How does this impact you, your legal team, and your company?

When every subpoena requires individual judgment calls about scope, risk, and response, in-house legal departments are pulled from strategic work to handle intake and triage. Costs become difficult to project. Without standardized workflows, responses and the resulting drain on internal resources change, depending on who handles them, creating inconsistency that issuing counsel, courts, and regulators notice.

Over-production creates privacy violations and risks revealing process-related flaws and sensitive information that requesting parties and counsel may use to target your company. Under-production and missed deadlines trigger motions to compel and contempt sanctions. Inadequate privilege review can permanently waive protections.

You’re a repository of information valuable to investigators, collection attorneys, and litigants. Each request carries the dual risk of under-compliance and over-disclosure.

Quality remains inconsistent. Costs stay unpredictable. Your team spends disproportionate time on repetitive tasks. And when you need to demonstrate a defensible process to auditors or regulators, you’re left describing good intentions rather than documented systems.

 

Get SMART: Subpoena Management Assessment Response Team

Maddin Hauser’s SMART program applies intelligent triage to distinguish routine civil discovery from high-risk regulatory and criminal investigations, potential probing for first-party litigation against your company, and consumer privacy landmines. Our experienced attorneys and proven response protocols deliver proportional effort, efficiently handling standard requests and strategically escalating when stakes are high.

Whether you face three subpoenas a year or 300, Maddin Hauser provides subpoena management with the operational discipline of a structured service.

Our SMART system brings predictability to every dimension:

ensure nothing is missed, deadlines are protected, and you have real-time visibility into every open matter.

distinguishes routine compliance from high-stakes matters—regulatory investigations, probing actions, consumer data exposures—applying proportional legal resources to each

through outside counsel of record—not a vendor service, but traditional legal representation with privileged communications

for objections, scope negotiations, privilege review, and production create consistent, defensible responses across all matters

provides client-controlled uploads, secure access, attorney review, approval checkpoints, and trackable production

makes costs predictable and budgetable, eliminating surprise legal spend

of every decision, production, and compliance action—creating an audit trail that withstands regulatory scrutiny

that answer the questions leadership actually asks: volume, turn time, cost per matter, risk assessment

 

With SMART, your legal team focuses on complex, strategic work. Your costs become controllable. Your compliance posture strengthens. You gain a system that scales with volume while maintaining quality and defensibility.

Before the next subpoena arrives, make sure you have a strategic partner with a system to handle it right the first time. Contact us to discuss how we can address your subpoena management and response needs.

Martin S. Frenkel