Ethics FAQs

Does a lawyer unnecessarily burden another lawyer and therefore violate Rule 4.4 (a) if he serves a recipient lawyer with a subpoena calling for production of a client or former client’s file, instead of serving a Rule 34, SCRCP request, when the recipient lawyer’s client is a party to the action?

The lawyer serving the subpoena regarding a client or former client who is not a party to the action is likely not in violation of Rule 4.4, as the request for production of documents potentially relevant in litigation would arguably be diligent representation of a client in compliance with Rule 1.3.