Law Commons^™

Intra-Professional Warfare Between Prosecutors And Defense Attorneys, Nancy J. Moore

Faculty Scholarship

Until recently, I was only vaguely aware of the ongoing "war" be- tween the United States Department of Justice and the American Bar Association over the ethical conduct of prosecutors in their relation- ships with criminal defense attorneys.' Indeed, while I had always covered some aspects of prosecutorial misconduct in my professional responsibility course, I had never included either of the two ethics rules debated in this symposium-Model Rules 4.2 [hereinafter "the anti- contact rule"]2 and 3.8(f) [hereinafter "the subpoena rule"].3