U.S. District Judge Reggie Walton scheduled an afternoon hearing on prosecutors' contention that Clemens attorney Rusty Hardin has a conflict of interest since he briefly advised Pettitte as well. That was in December 2007, just before the release of an investigative report accusing both players of using human growth hormone.
Clemens has maintained he did not use HGH during his 23-season career, while Pettitte admitted using the substance and said Clemens admitted privately using HGH as well.
Prosecutors have proposed that Walton require Michael Attanasio, another Clemens lawyer who is not from Hardin's firm, handle any cross-examination of Pettitte during the trial scheduled for July.
Prosecutors also have suggested that Walton question Clemens and the attorneys about whether Hardin shared any privileged information he got from Pettitte with Clemens or Attanasio. They also want the judge to ask what screening measures they have to prevent exposure of any such information throughout the trial.
Clemens is accused of lying to the House Committee On Oversight and Government Reform during a deposition and subsequent hearing three years ago on the use of performance-enhancing drugs in major league baseball.