Former President Donald Trump and his legal team are going to be allowed to subpoena a New York City real estate attorney who allegedly engaged in prohibited communications with the judge overseeing the case - Judge Arthur Engoron. 

This is all taking place, according to NBC New York, in the civil fraud case that New York Attorney General Letitia James (D) brought against Trump.

James claimed that Trump illegally overvalued some assets on bank loan documents, and she managed to get Engoron - who has been described as a "clubhouse Democrat" - to issue a more than $350 million judgment against Trump, among other penalties.

The case is highly controversial, and it is far from over.

What's going on?

Trump and his legal team continue to fight various aspects of the case. This includes a potential improper communication that took place, before the judgment, between Engoron and New York real estate lawyer Adam Leitman Bailey.

Bailey, on the day that Engoron handed down the $350 million judgment against Trump, decided to go on national television and reveal that he had spoken with Engoron a couple of weeks earlier to offer him advice about the case.

"I saw him in the corner [at the courthouse], and I told my client, ‘I need to go.’ And I walked over and we started talking. … I wanted him to know what I think and why … I really want him to get it right," Bailey stated.

Bailey admitted that they talked about the Trump case, although he claimed that the name "Donald Trump" was never used.

Either way, this looks like the kind of communication between a lawyer and a judge that could be prohibited under legal ethics rules. NBC New York explains:

The rules of judicial conduct generally bar judges from discussing their pending cases with outside parties and require judges to disclose any communications or expert advice to the parties. No such disclosure took place in this case.

The subpoena

After Bailey's admission, Trump's legal team subpoenaed Bailey, and Bailey's legal team responded by trying to stop the subpoena.

Now, it appears that Trump's team is going to be allowed to proceed with the subpoena, but Engoron has placed limitations on it.

Engoron wrote:

As Mr. Bailey and his firm have appeared before this Court often, the request is unduly burdensome, as it would subject to disclosure all communications on wholly unrelated matters. Accordingly, this Court will not so-order the subpoena as issued, as it is framed in the most general terms and unquestionably would permit an improper wholesale fishing expedition.

Engoron did go on to admit that Trump's "Subpoena is not wholly without merit."

Engoron wrote:

Mr. Bailey has opened the door by making his extraordinary claims to the media, in which he, by his own admission, stated that he attempted to offer unsolicited legal advice to this Court. Accordingly, defendants are entitled to any communications or documents in Mr. Bailey’s possession that involve, discuss, or in any way refer to "the Action" as defined in the subpoena.