Q: CAN AN ATTORNEY, NAMED AS A PARTY TO A LEGAL MALPRACTICE CASE, ISSUE THEIR OWN SUBPOENAS IN THE INSTANT MATTER?
If an Attorney is named as a party to a Legal Malpractice case, and is represented by hired Counsel, can they still issue their own subpoenas in the instant case and what laws, rules, etc., govern this aspect of subpoenas because I have searched exhaustively. Thank you
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A:
Under California law, an attorney who is a party to a case retains their rights and obligations as counsel if they choose to represent themselves. This includes the power to issue subpoenas. The authority for attorneys to issue subpoenas is found in the California Code of Civil Procedure, particularly sections 1985 through 1997.
The rules governing the issuance and service of subpoenas must be followed meticulously, even if the attorney is a party in the case. Failure to adhere to these rules may result in the subpoena being quashed. Moreover, ethical considerations come into play; while an attorney can issue their own subpoenas, they must avoid any abuse of process. Always proceed with caution and ensure compliance with both procedural and ethical rules.
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