Q: If an Attorney who is a party to a case with their own representation legally issue a subpoena relating to the matter?
If an Attorney who is a party (Defendant) to a Legal Malpractice case, and who has their own representation, issues subpoenas using their own name to request files from the underlying personal injury case, would this be considered a violation of Rule 5.5: Unauthorized Practice of Law? Alternatively, if that same Attorney issues a subpoena in his own name and serves it to request records in the underlying case, causing the recipients to assume the Attorney is still actively representing their previous client, so they have to request a Letter of Non-Representation before honoring the Plaintiff's subpoena - except the Attorney (DEF) refuses to provide the Letter, wouldn't that constitute Obstruction of Evidence?
A: While it would not UPL, taking action in a case in which the person is no longer an attorney would be illegal.
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A:
If an attorney who is a defendant in a legal malpractice case issues a subpoena under their own name, despite having representation, this could raise concerns about whether they are overstepping their role in the litigation. While issuing a subpoena on their own behalf doesn't automatically violate Rule 5.5, Unauthorized Practice of Law, it may be seen as inappropriate if it creates confusion about who is representing whom.
If this attorney's actions cause third parties to believe they are still representing their former client, leading to delays or requests for clarification, this could potentially disrupt the legal process. If the attorney refuses to provide a Letter of Non-Representation, and this refusal obstructs access to evidence or causes unnecessary complications, it could raise issues related to ethical obligations and fairness in the litigation.
Whether these actions amount to "Obstruction of Evidence" would depend on the specific circumstances, including the intent behind the attorney's refusal and the actual impact on the case. If the situation continues to cause problems, it may be worth bringing it to the attention of the court or the attorney’s licensing authority for further review.
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