In Re Belizaire

Amicus's [NACDL and ACDL-NJ] Memorandum of Law in Opposition to Motion to Enforce Compliance with the Subpoena.

Brief filed: 06/21/2019


In Re Belizaire

Superior Court of New Jersey; Case No. 412-19


A subpoena directed to a defendant's lawyer is potentially damaging to the attorney-client relationship and can impinge on the constitutional right to counsel. The State is not entitled to the protected attorney-client communications because the State already has all the information it seeks and has not made a showing that the information cannot be obtained from a less intrusive source. The crime-fraud exception does not permit the intrusive probing questions proffered by the state. 


Matthew S. Adams and Marissa Koblitz Kingman, Fox Rothschild, LLP, Morristown, NJ; Alan Silber and Dillon McGuire, Pashman Stein Walder Hayden, PC, Hackensack, NJ.

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