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Tag: Model Rule 3.8

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. ┬áThe 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 […]