Milbank, Tweed, Hadley & McCloy joined Manhattan prosecutors on Friday in seeking to quash a subpoena seeking information to impeach the law firm’s former chairman, Alexander D. Forger, when he testifies as an expert next week in the criminal case against Anthony Marshall, the son of socialite Brooke Astor. Acting Supreme Court Justice A. Kirke Bartley (See Profile) ruled last month that Mr. Forger, an estates expert who practiced at Milbank for 42 years and headed it for eight, could testify to practice standards estates lawyers are expected to meet (NYLJ, July 24). Prosecutors have said they are offering Mr. Forger to provide evidence that two lawyers who worked for Ms. Astor, and provided helpful testimony for Mr. Marshall, failed to adhere to practice standards.
The subpoena issued by Mr. Marshall’s lawyers seeks information from Milbank’s files which would show that Mr. Forger did not adhere to the standards he is expected to testify on. The prosecution asks that the subpoena be quashed because the defense is “fishing” on the basis of “unfounded speculation” for information that “might serve to impeach Mr. Forger.”
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