3.2 Drafting to Protect Confidentiality

One of the easiest ways to limit the amount of confidential information that is shared is to be mindful of what information you put in your pleadings. While it is necessary to provide a factual basis to support the legal relief being sought, you can be highly selective in how much information is provided at each step in the process. Name corrections are primarily limited by a person’s criminal background, but there is no clear basis on which a name correction is granted or denied. Therefore, it is possible and advisable to provide a relatively generic basis for the requested correction. On the other hand, a gender marker correction requires a relatively specific showing of certain types of medical care. It is possible and advisable to mirror the statutory language as much as possible without expounding on sensitive medical information in the initial Petition. Additionally, information related to medical care should be reviewed very carefully to ensure that extraneous personal information is not inadvertently made part of the public court record. By limiting the amount of information that is shared and the manner in which that information is shared, it will be easier to later request that certain information be formally redacted by the court or sealed from public view if your client desires.

Disclaimer: The articles in the Gillis Long Desk Manual do not contain any legal advice.