Bruce A. Green, Beyond Training Prosecutors About Their Disclosure Obligations: Can Prosecutors' Offices Learn from Their Lawyers' Mistakes?, 31 Cardozo L. Rev. 2161. This is a work from the Cardozo Law Review Symposium New Perspectives on Brady and Other Disclosure Obligations: What Really Works? (2009).

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioners (on petition for writ of certiorari).

Argument: Attorney grand jury subpoenas erode attorney-client relationships, threaten to disqualify defense counsel and risk creating collateral litigation that serves to burden and distract defense attorneys; they are “disruptive at best, and fatal to the client’s representation at worst.” Max D. Stern & David Hoffman, Privileged Informers: The Attorney Subpoena Problem and a Proposal for Reform, 136 U. Penn. L. Rev. 1783, 1789 (1988). In turn, they risk giving prosecutors an unfair (if unintended) advantage. Rules like New Mexico’s mitigate these risks by discouraging the use of attorney subpoenas except where necessary.