COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : : Plaintiff(s) -against- Calendar No. JUDICIAL SUBPOENA : UNITED STATES DISTRICT COURT : DISTRICT OF IDAHO : Defendant(s) : . .UNITED .STATES .OF. AMERICA. . . . . . . .). . . . . . . . . . . . . ........ ........ .. .......... Plaintiff, ) ) ) THE PEOPLE OF THE STATE OF NEW YORK ) ) ) TO Defendant(s). ) ____________________________________) Case No.: vs. GREETINGS: WAIVER OF CONFLICT OF INTEREST STATEMENT WE COMMAND YOU, that all business and excusesevery laid aside, you and eachthe you attend before The United States Constitution gives being criminal defendant of right to , the Honorable the Court effective assistance of counsel. When oneatlawyer represents two or more defendants in a located at trouble representing all of the defendants with the same County of conspiracy case, the lawyer may have infairness. This ison conflict of interest that denies the defendant the right to effective and at any recessed room , a the day of , 20 , at o'clock in the noon, assistance orof counsel. In conspiracy cases such conflicts are always a potential problem because different adjourned date, to testify and give evidence as a witness in this action on the part of the defendants may have different degrees of involvement. Each defendant has the right to a lawyer who represents him/her and only him/her. This kind of with this subpoena is punishable as a contempt of court and a number of Your failure to complyconflict of interest can be dangerous to a defendant in will make you liable to ways. on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a the party A few examples are: result of your failure to comply. offer to recommend a lesser sentence to one defendant if The Government may he cooperates with the Government. His lawyer ought to advise him on whether or not toHonorable offer. But if the lawyer advises him to one of the Justices of the Witness, accept the , accept the offer, it may harm the cases of the other defendants, who are also his clients. Court in County, day of , 20 The Government might let a defendant who is not as involved as other defendants plead guilty to lesser charges that the other defendants. After the guilty plea, however, the Government may require the defendant to testify. The lawyer who (Attorney must sign above and type name below) represents more than one defendant might recommend that the first defendant not plead guilty to protect the other defendants he represents; or the lawyer might recommend that the first defendant plead guilty, which might harm the cases of the other defendants. Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : : Plaintiff(s) -against- Calendar No. JUDICIAL SUBPOENA : Sometimes one of the defendants represented by a lawyer will take the stand to testify in his own behalf. In order to represent the other defendants fairly, the : lawyer should question the defendant on the stand as completely as possible. However, he may not be able to do that because :he cannot ask the defendant about anything that defendant has told him in confidence. Defendant(s) In a conspiracy case, the best defense for a single defendant often is the argument : . . . . . . . . that. while .there .may. be .a conspiracy .and .the .other.defendants may be guilty, he ... ..... .... ... .. ........... ... .. .... is not a part of the conspiracy and is not guilty. A lawyer representing two or more defendants cannot effectively make such an argument. Evidence that helps OF defendant might harm another defendant's case. When THE PEOPLE OF THE STATE one NEW YORK one lawyer represents two or more defendants, he might offer or object to evidence that could help one defendant but harm the other defendant's case. TO The Court advises defendants against representation by a lawyer who also represents other defendants in the same case. The Court urges each defendant to retain a lawyer who will represent him/her and only him/her. Each defendant has the right to a lawyer of his GREETINGS: defendant can also give up that right, if he chooses. A defendant can change his own. Each mind about this later, but the trial will not be postponed to allow time to get another lawyer. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of WAIVER in room , on the day of , 20 , at o'clock in the noon, and at any recessed I have to testify and give evidence and I understand it fully. I part of have or adjourned date,read the above statement, as a witness in this action on theknow I the a right to an attorney of my own, but I choose to give up this right. I want ___________________________ as my lawyer, even though he represents one or more other defendants in this case and he might have a Your failure to comply with this in my best interest. as a contempt of court and will make you liable to conflict which would not be subpoena is punishable the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failurethiscomply. day of ______________________________, 20 _______. DATED to _______ Witness, Honorable Court in County, , one of the Justices of the day of , 20 _____________________________________ (Attorney must sign above and type name below) Defendant Attorney(s) for WAIVER OF CONFLICT OF INTEREST, Page 2 Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com