Amends the Federal criminal code to prohibit the issuance of a lawyer-client subpoena in any proceeding in which the Government is a party, except upon a judicial determination made after a hearing at which the Government shall prove by clear and convincing evidence that: (1) the subpoena lists the specific testimony, documents, or tangible objects sought; (2) there is probable cause to believe that each item sought is related to, or is evidence of, criminal activity; (3) each item sought is necessary to the continued viability of a legitimate Government investigation or prosecution, and all alternative nonattorney souces for the item have been exhausted; (4) no item sought is protected from disclosure by any statutory, common law, or constitutional privilege of the lawyer or client; and (5) if the lawyer is currently representing the client in connection with an ongoing Government investigation or a judicial or administrative proceeding in which the Government is a party, the subpoena does not seek testimony concerning information relating to such representation or items relating to fees paid to the lawyer. Permits the issuance of a subpoena for documents transferred to a lawyer for a purpose other than seeking legal advice.
Prohibits the issuance of a subpoena if a judicial determination is made that other grounds to quash such subpoena exist, irrespective of such requirements being met.
Provides a right of appeal with respect to the granting or denial of a lawyer-client subpoena.
Introduced in Senate
Read twice and referred to the Committee on Judiciary.
Referred to Subcommittee on Courts and Administrative Practice.
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