X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
LEGAL PROFESSION a lawyer who is the target of an investigation is a “party” to the investigative proceedings and is entitled to notice of subpoenas and copies of the subpoenaed documents, the Colorado Supreme Court said on June 16. In re Requests for Investigation of Attorney E., No. 01SA404. While investigating the lawyer’s alleged misconduct regarding statements made about two Colorado judges, the state’s attorney regulation counsel obtained FBI documents describing the investigation of the two judges in connection with their alleged use of cocaine. Those documents were forwarded to the attorney, who filed them in various courts. The judges sought a protective order from the presiding disciplinary judge, seeking to classify the documents as “confidential” and to limit the lawyer’s use of them. The judge granted the request and even barred the regulation counsel’s use of the documents. Reversing and remanding, the state’s top court said that although state civil procedure rules provide that a document obtained during an investigation is confidential, even from the attorney being investigated, the rule is subject to the discovery requirements of civil procedure rule 45. That provision says that notice of subpoenas and all relevant documents must be provided to all “parties.” Not considering an attorney a party to his own investigation would hinder the provision of a visible attorney discipline process and the efficient and fair resolution of minor misconduct, the court said.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.