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Gone Fishing? Preventing Accusations of Investigative Subpoena Overreach
If you are a public attorney, at some point in your career you will likely be accused of government overreach—where a private party insists that your public entity client has exceeded legal bounds. The phrase “fishing expedition,” used to insinuate that a government investigation lacks a legitimate or stated objective, is sometimes asserted when a public entity issues an investigative subpoena for the production of records or witness testimony. Public attorneys working for the state, a city, or a county can prevent accusations of investigative overreach, and readily disprove these accusations, by crafting subpoenas to fit within legal limits.
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