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S. 2713

A bill to amend title 18, United States Code, to provide procedural safeguards with respect to the issuance of lawyer-client subpoenas.

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.

Referred to Subcommittee on Courts and Administrative Practice.

Sen. Simon, Paul [D-IL](D-IL)Sponsor
1committees3actions7subjects
  1. Committee

    Referred to Subcommittee on Courts and Administrative Practice.

    Administrative Oversight and the Courts Subcommittee
  2. IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  3. IntroReferral10000

    Introduced in Senate

A bill to amend title 18, United States Code, to provide procedural safeguards with respec… — Informed