April 26, 2005
An attorney has contacted this blog looking for input on this topic:
Have you had a case where the government gave federal "use" immunity to a witness, who happens to be an attorney, and then proceeded to turn the testimony of the witness over to a bar disciplinary committee? Is it fair play?
1. Should the government be required to notify the attorney-witness of this possibility prior to their testifying?
2. Does it make a difference that the immunity is being offered in a different forum?
3. Does it make a difference if it is the same DOJ attorney giving the immunity and then submitting the testimony to the bar?
4. Should attorneys be skeptical about client attorneys testifying as grand jury witnesses if their conduct, although not criminal, may have ethical implications to their licenses?
Any thoughts that can be shared with others? - firstname.lastname@example.org