QUESTION
Can the state prosecutor subpoena a defendant's lawyer to testify against him?
Asked on May 06th, 2005 on Criminal Law - Florida
More details to this question:
Can the state prosecutor subpoena a defendant's lawyer to testify against him?
1 ANSWER
Complex Federal Criminal Defense Attorney serving Denver, CO
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Jeralyn E. Merritt
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Ordinarily, and in most instances, the answer is No. Communications between a lawyer and client are confidential and privileged. This means that your lawyer cannot disclose them to anyone else. In addition, the lawyer's Code of Professional Responsibility requires a lawyer to preserve a client's secrets and confidences.
There are some exceptions. You can voluntarily give up the privilege. If you allow a third person to be present during your discussions, the privilege may be considered waived. And if you tell your lawyer about plans to commit a future crime, the privilege doesn't apply.
It is very unusual for a prosecutor to subpoena a defendant's lawyer to testify against the client. I highly recommend you consult with new counsel to determine if this is proper and if you have grounds to object.
Answered on May 06th, 2005 at 12:20 AM