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Tenth Circuit: Prosecutors may subpoena lawyers to testify before grand jury - Utah Lawyer Liability
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 …