Wednesday, May 22, 2013

Abuse of Subpoena Draws Suspension

After rejecting two petitions for voluntary discipline, the Georgia Supreme Court imposed a six-month suspension of an attorney for misuse of a subpoena in connection with claims of family violence against him.

The attorney learned that his accuser

...may have been in contact with a local crisis center. [He] wanted to obtain any documents in the center's possession relating to the accuser, but the center refused his request.[He] returned later that day with a Subpoena for the Production of Documentary Evidence...that he obtained from the superior court clerk's office through misleading representations. He did not serve the subpoena on any other party or counsel, but submitted it to the center in an effort to obtain the desired documents. [He] did not advise the center's executive director that there was no pending case in the superior court and no hearing, trial or deposition scheduled that would have supported issuance of the subpoena.

The court concluded that reprimand was insufficient despite the attorney's remorse and lack of prior discipline. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/05/abuse-of-subpoena-draws-suspension.html

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