Association Executive - January/February 2008 - (Page 28)

Subpoenas continued from page 27 agency issues the subpoena rather than a private litigant. The identity of the requesting party in a civil litigation matter also has a bearing on the level of aggressiveness the association may be counseled to take in responding to the subpoena. For example, if the association is only peripherally involved with the subject matter of the litigation and there is little risk that it somehow will become a party to the action, the association might be more inclined to vigorously resist responding to a burdensome subpoena. If the possibility that the association could become involved in the litigation is higher, however, circumstances might counsel for a more measured, perhaps negotiated, response. There is no one-size-fits-all answer to this preliminary, but very important, question that should be made with the assistance of the association counsel. What Else Should the Association Do? The subpoena should be read very carefully to determine whether it seeks WYNDHAM’S GRAND RETURN TO PUERTO RICO Whether it’s an intimate board meeting, or an extraordinary location for your next annual convention, Rio Mar Beach Resort & Spa, A Wyndham Grand Resort, is the perfect Caribbean venue. As one of Wyndham’s new, elite Grand Collection of hotels and resorts, Rio Mar Beach Resort offers: The Caribbean’s largest oceanfront conference center 600 elegantly appointed guest rooms with private balconies Eleven restaurants and lounges Two championship golf courses Exotic Mandara Spa New Rio Mar Casino Only 19 miles from San Juan International Airport Endless beachside recreation, exciting island tours and more! attendance at a deposition or some other event, or production of documents and things, or both. The subpoena also will include a return date, which is the due date for the association’s response. The association needs to be especially cognizant of requests for its trade secrets and other confidential and sensitive information, whether the requests are express or a consequence of how broadly the subpoena is drafted. Failure to protect such information from subsequent disclosure by means of a protective order or agreement could result in irreparable harm to the association. The association should also determine what types of documents might be responsive, and only those specific documents that are requested by the subpoena should be produced. Another step the association should take early on is to establish or remind its employees of the association’s document retention/destruction policy. Even a non-party served with a subpoena is under an obligation not to destroy responsive and/or relevant documents, including e-mail and other electronic media. The penalties for failure to preserve such documents can be substantial, and can include even criminal liability in certain circumstances. Work with the Association’s Attorney There is an oft-stated maxim that “a man who represents himself has a fool for a client and a fool for a lawyer.” An attorney can help guide the association through the procedural labyrinth of understanding the rules of issuance and service of subpoenas, and ensuring legal compliance. Subpoenas are somewhat unique tools of the legal process in that, generally, the forms of issuance and service can be as important as, if not more so, than substance of the request itself. For a subpoena to be valid, it must comply with many procedural rules that vary from jurisdiction-to-jurisdiction. For example, subpoenas issued by state courts Make your next meeting or event one to remember at Rio Mar Beach Resort & Spa. Proud member of the Wyndham Hotels & Resorts family 1.800.4.RIO MAR wyndhamriomar.com 28 ASSOCIAT IO N EX EC U 1 353556_RioMarBeachResort.indd T IV E JANUARY/FEBRUARY 2008 11/21/07 7:06:08 PM http://www.westinriomar.com

Table of Contents Feed for the Digital Edition of Association Executive - January/February 2008

Association Executive - January/February 2008 Contents From the CEO Good Governance Practices for 501(c)(3) Organizations A New Model: Helping Smaller Not-For-Profits with Their Endowment Management Inside NYSAE Book Beat Too Much of a Good Thing? Enhanced Form 990 Disclosures and Their Impact 7 Myths about Financial Planners An Executive's Guide to Responding to Third-Party Subpoenas Relationship Selling: Maximize Your Talk, Time & Tech to Keep Your Connection Strong Save the Dates Index of Advertisers

Association Executive - January/February 2008

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