California state regulation only?
If an Investigator has been subpoena to testify and the attorney ask to investigator not to show up. Can the attorney fill in for the investigator?
Answers:
No and in fact the attorney could be in deep trouble for asking an investigator to not show up - if it can be proven.
No- if it's a court ordered subpoena, the investigator should show or he can be held in contempt.
Unless it's a subpoena for production of documents which excuses the person or custodian of records from appearing if he produces said documents as instructed...
The only way you can be excused from a subpoena is if the court dismisses it or if the subpoenaing party dismisses without objection from the other side.
If you were subpoenaed, just show up as instructed to avoid getting in trouble.
PS- What kind of subpoena is it? (Deposition subpoena, Subpoena for Production of Documents/Tangible Things, Subpoena for Personal Appearance at Hearing/Trial?)
If the attorney request an investigator to ignore a subpoena, the attorney is committing an ethical violation sufficient to get them disbarred.
And no, the attorney cannot "fill in" for a witness.
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