Thursday, September 23, 2004

The ethics of out-of-state subpoenas

This month's VTLA publication has this article on whether out of state subpoenas are unethical and unenforceable. The author recommends reading LEO 1495, which says, among other things, that "it would be improper and violative of DR 1-102(A)(4) for a Virginia attorney to request a Virginia court to issue a subpoena duces tecum to obtain documents from an out-of-state individual, knowing that such such subpoena is not enforceable, unless the subject of the subpoena has agreed to accept service."

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