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Tag: American Bar Association

Tenth Circuit: Prosecutors May Subpoena Lawyers to Testify Before a Grand Jury

Tenth Circuit: Prosecutors may subpoena lawyers to testify before grand jury

In June, the Tenth Circuit Court of Appeals, as a matter of first impression, held that a New Mexico rule of professional conduct limiting a prosecutor’s ability to subpoena a lawyer to testify about past or present clients during grand jury or other criminal proceedings was preempted by federal law.  The New Mexico defendants have petitioned for rehearing en banc, but no decision has been issued on their petition for rehearing in front of the entire Tenth Circuit. ABA Model […]

ABA - American Bar Association

ABA passes anti-discrimination rule

Early last week, the American Bar Association (“ABA”) House of Delegates passed an amendment to the Model Rules of Professional Conduct prohibiting lawyers from engaging in any harassment or discrimination as it relates to the practice of law.  The amendment’s passage comes after months of debate, comment, and revision.  Revised Resolution 109 passed the ABA House of Delegates by a voice vote and without any dissenting comments from the house floor.  The newly adopted version of the rule is reflective […]