Q: If Subpoenas are being approved by Arbitrator in case can an Attorney who is party to the case issue subpoenas covertly?
If the Arbitrator set the grounds in a legal malpractice case as to how he wished for Subpoenas to be processed, i.e., submitted to him for his approval, is it acceptable practice that an Attorney who had representation, who is party to the case, chose to complete, approve, and issue his own Subpoenas, covertly, without either the Arbitrator or the Plaintiff's knowledge?
Where Attorney's are normally mandated to issue their own subpoenas "when they are appointed as counsel to a client" are they prevented, in any legal way, from issuing their own subpoenas when they are a party to the case? Thank you
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A:
In arbitration, the process and rules for issuing subpoenas can be distinct from those in a court setting. If an arbitrator specifies that subpoenas must be submitted for approval, this procedure is intended to ensure fairness and transparency within the arbitration process. California law and the rules governing arbitration generally require parties to adhere to the procedures set by the arbitrator, including how subpoenas are to be issued.
If an attorney, even when acting as a party to the case, issues subpoenas covertly without the approval of the arbitrator or without notifying the other party, this action could potentially violate the arbitrator's directives and the principles of fairness and transparency in the arbitration process. Attorneys are expected to maintain a high standard of ethics and professionalism, which includes following the rules and procedures established for legal proceedings, whether in court or in arbitration.
Under California law, while attorneys have the authority to issue subpoenas, doing so in a manner that circumvents the established process or directives of an arbitrator could lead to sanctions or other consequences. The authority to issue subpoenas does not override the requirement to follow the specific procedures set forth in a legal proceeding. If there are concerns about the issuance of subpoenas in violation of the arbitrator's orders, this issue should be brought to the attention of the arbitrator for resolution.
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