An organization served with a subpoena should respond to anticipated litigation by?

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The correct approach when an organization is served with a subpoena in anticipation of litigation involves ensuring that proper protocols are followed to handle the records in question. Making a copy of the record and giving the original to legal counsel is crucial because it allows the legal team to assess the documents with expertise and determine the best course of action regarding the matter. This process helps preserve the integrity of the records and ensures that the organization complies with legal obligations while safeguarding sensitive information.

By copying the records and providing them to legal counsel, the organization maintains control over the original documents. This also allows legal counsel to prepare defenses, respond to the subpoena appropriately, and develop strategies in the context of the litigation, all while ensuring that no original evidence is inadvertently tampered with or destroyed.

Other options presented may lead to complications: destroying records would violate legal hold obligations; distributing copies to all parties could lead to privacy breaches; and simply handing over all records without consulting legal counsel could expose the organization to legal risks.

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