Documents protected by legal privilege must

• A. They may be inspected freely.
• B. They must be broadly described in the disclosure statement, and may be inspected freely.
• C. They must be described and can be inspected only if privilege is waived.
• D. They must be broadly described in the disclosure statement, but cannot be inspected unless privilege is waived.

Answer: (D)

Documents protected by legal privilege are not exposed in ordinary discovery. The important rule is that such documents must be identified in a disclosure statement with a broad description that shows the basis for the privilege, without revealing the actual contents. The actual documents aren’t opened to inspection by the other side unless the privilege is waived or a court orders access. This setup preserves the confidentiality of legal communications while still allowing the other party to understand what is being claimed as privileged and why. So, describing the documents in the disclosure statement and allowing inspection only when privilege is waived best reflects how privilege is protected in practice.