In a typical two-tier protective order, CONFIDENTIAL covers material that qualifies for protection under the court’s ordinary standard and may be seen by the other side’s lawyers, some of its employees, experts and the court, while HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY covers extremely sensitive material, such as trade secrets or pricing, that the other side’s business people may not see at all. The legend usually has to appear on every page that contains protected material. BatesBind, a Windows app from Automata Labs, stamps the legend and the Bates number in the same pass across a folder of PDFs, and because it applies one legend per export, documents with different designations are numbered in separate runs that continue one Bates range.
The exact rules come from the order in your case, not from this article. What follows uses the Northern District of California’s model stipulated protective order as a worked example, because it is public, widely copied and clearly worded.
Stamp the confidentiality legend and the Bates number on every page in one pass.
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What is the difference between Confidential and Attorneys’ Eyes Only?
The ND Cal model order (as hosted by UC Berkeley School of Law; check the court’s current version for a live matter) defines the two tiers this way:
| Tier | Definition in the model order | Typical examples |
|---|---|---|
| ”Confidential" | "information (regardless of how generated, stored or maintained) or tangible things that qualify for protection under standards developed under F.R.Civ.P. 26(c)” (section 2.3) | Internal business records, personnel files, non-public financial information |
| ”Highly Confidential - Attorneys’ Eyes Only" | "extremely sensitive ‘Confidential Information or Items’ whose disclosure to another Party or non-party would create a substantial risk of serious injury that could not be avoided by less restrictive means” (section 2.4) | Source code, trade secrets, customer lists, pricing and cost data between competitors |
The second tier is a subset of the first. It exists for cases where the parties compete, and letting the other side’s managers read a document would itself cause the harm.
Who can see each tier?
This is where the tiers really differ. Under the model order:
| Who | CONFIDENTIAL (section 7.2) | ATTORNEYS’ EYES ONLY (section 7.3) |
|---|---|---|
| Receiving party’s outside counsel of record and their staff | Yes | Yes |
| Receiving party’s officers, directors and employees, including house counsel | Yes, if reasonably necessary and they sign the agreement to be bound | No, except house counsel in an optional, case-specific provision |
| Experts | Yes, after signing | Yes, after signing, with an optional prior-approval procedure (section 7.4) |
| The court and its personnel | Yes | Yes |
| Court reporters and professional vendors | Yes, after signing | Yes, after signing |
| The author or original source | Yes | Yes |
Read the actual order in your matter. Many orders add a third tier, rename the second (“Outside Counsel Only”, “Restricted”), or change who qualifies.
Where does the confidentiality legend go?
The model order is specific. For documents, section 5.2(a) requires “that the Producing Party affix the legend ‘CONFIDENTIAL’ or ‘HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY’ at the top of each page that contains protected material.” If only part of a page qualifies, the producing party must also mark the protected portion and say which level applies to it. Separate sections cover deposition transcripts and tangible things.
Two points follow for whoever prepares the production:
- Every page, not the first page. A legend only on page 1 does not meet a page-level requirement.
- Position matters. If the order says the top of the page, a legend in the bottom corner beside the Bates number may not comply. Other orders and ESI protocols specify other places; follow yours.
Can you just stamp everything Attorneys’ Eyes Only to be safe?
No. The same model order says “Mass, indiscriminate, or routinized designations are prohibited,” and that designations shown to be clearly unjustified or made for an improper purpose expose the designating party to sanctions. It also requires a party that realises a designation was wrong, or too high, to promptly notify the other parties and withdraw it. Over-designation also invites challenges, which cost time. Designate at the lowest level that protects the material, and document why.
That decision belongs to the lawyer responsible for the production. The stamping step only needs to apply it correctly.
How do you stamp a production with mixed designations?
A typical production has some documents with no designation, some CONFIDENTIAL and a few ATTORNEYS’ EYES ONLY. The Bates range must stay continuous across all of them. A clean approach:
- Sort the documents into folders by designation once counsel has reviewed them: Not designated, Confidential, AEO.
- Decide the order of the production. Many teams number by designation group; others keep custodian or date order and accept more runs.
- Number the first group with your prefix and start number.
- Number the next group continuing from the next number, with its legend.
- Repeat until every group is numbered.
- Combine the logs. The index from each run lists every file with its first and last Bates number; put them together into one production log with a column for the designation.
How does BatesBind handle this?
BatesBind numbers a folder of PDFs with one continuous Bates range, adds a confidentiality legend and exhibit labels in the same pass, and writes the index as PDF and CSV.
| Need | What BatesBind does |
|---|---|
| Legend on every page | A legend of up to 64 characters on every numbered page, in its own position; HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY fits |
| Legend position | Labels use six positions, 6 to 24 pt, black, gray, red or blue, in one embedded typeface; the legend cannot share a position with the Bates number |
| Mixed designations | One legend per export: documents with different designations go in separate runs, and Continue sets the start number to the next one |
| Same settings each time | Saved schemes keep the prefix, suffix, digits, start number and legend for each matter |
| Production log | Index as PDF and CSV with each file, its page count, its first and last number, the output file name and a SHA-256 hash |
| Check before export | The preview shows every label where it will print, even on rotated and cropped scans |
| Unreadable files | Listed with the reason; an optional slip sheet holds its place and one number |
For the undesignated group, leave the legend blank. For the next run, switch the legend and press Continue. Because each scheme remembers the legend and the next number, a rolling production picks up exactly where the last volume stopped. Our guide to continuing Bates numbers across rolling productions shows that workflow, and the confidential stamp page covers the legend options.
Number each designation group in its own run and keep one continuous Bates range.
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What about partial-page designations?
When only part of a page is protected, the model order asks for the protected portion to be marked, for example in the margin, with its level. That is a document-specific marking, usually done during review in a PDF editor, and it is separate from the page-level legend. BatesBind applies page-level labels; it does not mark portions of a page.
What BatesBind does not do
- It does not decide designations. Which documents are confidential, and at which level, is counsel’s call under the order.
- It does not redact. A legend restricts who may see a page; it does not remove anything from it. Redaction is a different step in a different tool.
- It does not guarantee compliance. It gives you the controls protective orders and ESI protocols often specify (prefix, zero padding, label position, a separate legend and an index of ranges), but whether an output satisfies your order is for you to check.
Originals are never changed; BatesBind writes new files only, makes no network connections and has no account.
Frequently asked questions
What does “Attorneys’ Eyes Only” mean?
It is a designation in a protective order limiting who may see a document, typically to the receiving party’s outside counsel and a few others such as the court, approved experts and vendors. The receiving party’s own employees usually cannot see it.
Does the legend have to be on every page?
Under the ND Cal model order, yes: it must be at the top of each page that contains protected material. Other orders vary, so check yours.
Can one PDF have both designations?
A single document can contain pages at different levels. BatesBind applies one legend per export, so split such a document by designation before numbering, or mark the pages individually in a PDF editor, as the order requires.
Is HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY too long for a legend?
Not for BatesBind. The legend can be up to 64 characters, and that legend is 40.
Does this article give legal advice?
No. It summarises one public model order as an example. The order entered in your case governs.
Try BatesBind
BatesBind is a one-time purchase in the Microsoft Store with a 15-day free trial. Number a sample production in two runs, one CONFIDENTIAL and one AEO, and check the combined log. More detail is on the BatesBind product page, and the Bates number format guide covers prefixes and padding.
Stamp a two-tier production during the 15-day free trial.
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BatesBind is not affiliated with any court or with UC Berkeley. This article is not legal advice.
Last updated 19 October 2026. Published by Automata Labs, a software company in Canada.