Know your CLE requirements in every U.S. jurisdiction

Session I – The Basics of Addressing and Using Subpoenas – Jamie W. Dittert

This session addresses the basic function and purpose of subpoenas for pursuit and litigation matters. It will provide a roadmap of fundamental steps to take when a subpoena is received in your organization. Finally, the presentation will provide insight into issues that may be overlooked in coordinating a response to a subpoena and how to avoid complications.

Key Topics

• Broadly, why and how subpoenas are used
• Fundamental steps to take when a subpoena is received
• Overlooked issues in how to coordinate a subpoena response

Session II – How to Subpoena Phone Records, Medical Records, Financial Records, and More – Amanda L. Crowford Steger, Julie Becker

This session will provide step-by-step guidance on how to issue and serve enforceable subpoenas to secure key documents, such as phone, medical, and financial records. The session will also explore the limitations the law places on subpoena power, informing attendees of relevant compliance and privacy obligations.

Key Topics

• Step-by-step practical guide to subpoenaing records
• Compliance and privacy considerations, including HIPAA
• Limitations to subpoena power

Session III – How to Legally Obtain Employment Records Through Subpoenas – Charles Molster

This session will cover the process for obtaining employment records through subpoenas, including how to obtain/prepare a subpoena; how to serve a subpoena; understanding the legal requirements as to who can issue a subpoena; when are subpoenas needed; potential objections to subpoenas; responding to objections to subpoenas; the rules relating to enforcing subpoenas; negotiating strategies for avoiding litigation to enforce subpoenas; best practices and ethical considerations re subpoenas; rights and responsibilities of employees regarding subpoenas for employment records; and rights and responsibilities of employers regarding subpoenas for employment records.

Key Topics

• The process for obtaining and serving subpoenas
• The process for objections to subpoenas and responding to objections for subpoenas
• Strategies for avoiding litigating objections to subpoenas (including negotiation strategies, etc.)
• The process for enforcing subpoenas if doing so becomes necessary

Session IV – Use of Subpoenas in Domestic Litigation – John Floyd, Jr.

This presentation will address the use of subpoenas in family law litigation. This will include common uses for subpoenas in discovery, pitfalls, evidentiary concerns, and the UIDDA.

Key Topics

• Issuing a subpoena
• UIDDA
• Objections and protective orders
• Evidentiary concerns

Session V – Cannabis Litigation: A primer on subpoenas and other issues in the world of legalized cannabis – Aaron Pelley

This session provides a comprehensive impression of the legal landscape surrounding cannabis, focusing on the challenges and considerations in cannabis litigation. The lecture covers cannabis litigation, including its history and significance, a look at subpoenas in the context of cannabis law, and the unique challenges of subpoenaing records in cannabis cases. Real-world case studies and examples are used to illustrate key points.

Key Topics

• Cannabis litigation
• Understanding subpoenas in the context of cannabis law
• Unique challenges of subpoenaing records in cannabis litigation
• Case studies and examples

Session VI – Responding to Government Subpoenas – A guide for legal practitioners – Richard W. Boone Jr., Siobhan Mueller

Whether you represent a corporate entity or a private individual, the receipt of a subpoena, civil investigative demand, or similar request from a government agency can be a serious matter. At a minimum, time is of the essence and there are often significant consequences in failing to properly and timely respond. The stakes are exponentially higher if the recipient of the subpoena is a subject or target of a government investigation. This presentation will examine the different methods by which the government can compel testimony or the production of documents and other information, the key issues for legal professionals and their clients in determining how to respond, the methods and grounds for challenging a subpoena or other request, and the basic guidelines for determining how best to comply with the government’s requests.

Key Topics

• The immediate steps a party should take when receiving a government subpoena
• Determining a party’s legal rights and obligations in responding to a subpoena
• Assessing whether there may be grounds to challenge the subpoena
• Negotiating with the government to reduce the burden of compliance with the subpoena

Session VII – “. . . Such Sweet Sorrow”: Withdrawing from a client representation – Ronald C. Minkoff

Few things cause lawyers more anxiety than withdrawing from a client representation. Whether it’s concern about breaching confidentiality with a withdrawal motion, dealing with unpaid fees, or fighting over the client file, withdrawal requires understanding an array of ethical and procedural rules. This session, presented by a lawyer who has handled dozens of legal fee and withdrawal disputes on behalf of law firms and clients, will describe the problems lawyers face in withdrawal situations – and offer solutions.

Key Topics

• Mandatory v. Discretionary withdrawal
• Making an ethically proper withdrawal motion
• Ethical obligations to the former client before and after withdrawal
• Fee disputes and attorney liens
• Transferring the client file

Closed-captioning available