Which statement is correct about protecting privileged communications when disclosed to the court?

• A. Inadvertent disclosure may not waive privilege if the content remains privileged and timely asserted.
• B. A protective order cannot shield privileged materials from disclosure.
• C. All disclosures automatically waive the privilege.
• D. Privilege terminates once the document is in court.

Answer: (B)

The main idea is that protection of privileged communications in a court setting focuses on limiting who can access the material and how it’s used, not preventing the court itself from seeing it. When privileged material is brought to the court, a protective order cannot stop the court from viewing it in order to decide whether the privilege applies. Protective orders are meant to keep the information confidential from others and to control its use, not to shield the court’s access. So the statement that a protective order cannot shield privileged materials from disclosure to the court is the correct one. Other options overstate protections or misstate how privilege works—for example, privilege isn’t automatically waived by every disclosure, and it isn’t terminated simply because the document appears in court.