Pa. R. Prof. Cond. 3.10

As amended through April 11, 2023

Rule 3.10 - Issuance of Subpoenas to Lawyers

A public prosecutor or other governmental lawyer shall not, without prior judicial approval, subpoena an attorney to appear before a grand jury or other tribunal investigating criminal activity in circumstances where the prosecutor or other governmental lawyer seeks to compel the attorney/witness to provide evidence concerning a person who is or has been represented by the attorney/witness.

Pa. R. Prof. Cond. 3.10

Adopted by Order of the Supreme Court of Pennsylvania dated October 16, 1987 effective 4/1/1988; amended effective 1/1/2005, 1/6/2005, 3/17/2005, 4/23/2005, 7/1/2006, 9/20/2008, 4/3/2009, 5/2/2009, 4/9/2012, 4/18/2012, 6/16/2012, 7/4/2012, 11/21/2013, 2/9/20152/28/2015, 10/23/2016, 11/25/2016, 1/4/2017, 7/1/2018, 9/28/2018, 2/7/2019, 5/18/2019, 9/14/2019, 11/25/2020, 12/8/2020, 2/24/2021, 8/25/2021 and 4/11/2023.

Comment:

[1] It is intended that the required "prior judicial approval" will normally be withheld unless, after a hearing conducted with due regard for the need for appropriate secrecy, the court finds (1) the information sought is not protected from disclosure by Rule 1.6, the attorney-client privilege or the work product doctrine; (2) the evidence sought is relevant to the proceeding; (3) compliance with the subpoena would not be unreasonable or oppressive; (4) the purpose of the subpoena is not primarily to harass the attorney/witness or his or her client; and (5) there is no other feasible alternative to obtain the information sought.

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