Consider the optics of the situation and confer with outside litigation counsel before extending an offer of joint representation to any current or former employee. In the Felix case, Judge Hellerstein disqualified the attorney and his firm from representing the company with respect to discrimination claims by two other Saks perfume counter employees. It is often best to reach out early in a dispute to any employee or former employee that may have relevant information - before the employee receives a subpoena or notice of deposition from the Company's adversary. Some are essential to make our site work properly; others help us improve the user experience. Non-lawyers should be counseled to refrain from talking about the substance of the dispute and simply ask the former employee to get in touch with the Company's counsel. Martindale-Hubbell validates that a reviewer is a person with a valid email address. Va. 2008). Prior to this case, Lawyer spent about one hour advising City Employee . hR]K0+,i1"bCL\3&&'\8` >q",,}cc]WP TXZ=.]FcTc:u#`%Wz(1Xpj,Nm:GX.2HdBXj0TmL0tyyNy`pD4A|*)X\\ mdER'U[x@<8Rvf6NNw)8\:GM&~y4_M}~u]"">* y$ They urged the court to disqualify the lawyers or revoke their PHV admission as a sanction. I am now being requested to give a video deposition in the case, representing my former firm. Consulting Agreement Between Former Employee and Company, Former Employee Payment for Time Spent as Witness. Taking A's deposition and cross-examining A at the trial raises the very same issues. Karen also is an adjunct professor at Cleveland-Marshall College of Law, teaching legal ethics. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers. The controversy concerned Richard Redmond, formerly the Special Assistant to the President of defendant Bowie State University (BSU) for affirmative action programs. This can be accomplished if either organizational counsel is present to object or if the court has set appropriate ground rules in advance. Seems that the risks outweigh the rewards. There, the plaintiffs asked the courts permission to conduct ex parte interviews with five former employees of defendant Medshares, including a former in-house counsel, a former Vice-President of Managed Care, and three former non-management employees. COMMUNICATIONS WITH FORMER EMPLOYEES. The Court also declines to disqualify Pacific Life's counsel from representing Daragh O'Sullivan at his deposition because it does not find that Pacific Life's counsel (either its in-house attorney or its outside attorney) improperly solicited O'Sullivan. Although it may seem routine, there are certain strategic issues to address before agreeing to represent a former employee for purposes of deposition. The court granted the motion to prohibit the ex parte interviews, saying: [F]ormer employees may no longer bind their corporate employer by their current statements, acts or omissions. Although the district courtIndeed, if a witness who is approached for an allowed the law firm to represent the formerinterview tells the investigating agent that he is employees along with Occidental, it enjoined therepresented by an attorney (even one who happens to firm from mailing the proposed notices to the formeralso be X's attorney), the . 5. From Zarrella v. Pacific Life Ins. Most importantly, under Model Rule 3.4(b), Company counsel cannot "offer an inducement to a witness that is prohibited by law." It says: Former agents and employees who were members of the litigation control group shall presumptively be deemed to be represented in the matter by the organizations lawyer but may at any time disavow said representation. It is a common practice for outside litigation counsel to represent current, and even former, employees of corporate clients during depositions. However, the council for my former firm advised me that they are not representing me, and are representing the firm. Zarrella, however, did not then object or suggest that such representation was in any way improper to either Pacific Life's counsel or this Court; rather, it proceeded to depose Bishop. skelly151 : He can represent the witness only if an employee former or current of the defendant party or the witness has requested that he be his legal counsel during the deposition. Yet, this does not prevent liability being imposed upon their former employer based on the statements, acts or omissions of these individuals which occurred during the course of their employment. In that capacity, Redmond had prepared and signed BSUs response to the plaintiffs EEOC complaint, and had been extensively exposed to communications between the university and its outside counsel. Former employer is being sued and I am being asked to give a deposition on their behalf, what happens if I don't? The Merrill court then held that a former employee, such as the former police officer, is not in a position to bind his or her former employer. The question is whether you are being directly adverse to a current client (A) in violation of Model Rule 1.7(a)(1). Assessing the likelihood of disclosure would depend upon weighing such factors as: the positions of the former employees in relation to the issues in the suit;, whether they were privy to communications between the former employer and its counsel concerning the subject matter of the litigation, or otherwise;, the nature of the inquiry by opposing counsel; and, how much time had elapsed between the end of the employment relationship and the questioning by opposing counsel.. [See, e.g., Amarin Plastics, Inc. v. Maryland Cup Corp., 116 F.R.D. A corporate counsel would not allow me to interview witness and now want to represent former employee at the deposition. 1996).]. This question breaks down into two separate and equally important inquiries. A case addressing both categories is Armsey v. Medshares Management Services, Inc. [184 F.R.D. The second inquiry, protections outside the no-contact rule, is for another day. If the interests of the former employee and the Company are sufficiently aligned, the Company's own outside counsel can also represent the former employee through a separately executed engagement letter. Counsel must understand that agreeing to represent a former employee individually for purposes of a deposition may not necessarily protect all communications with that witness under the umbrella of attorney-client privilege. Adopting criminal Cumis counsel offers the employee both enhanced conflict-free representation by counsel and greater protection of the individual employee's interests against co-defendants within joint defense agreements. Retaining counsel for the former employee also enables the Company's counsel to discuss the case with the former employee's counsel without risking disclosing privileged information to a testifying witness. If you were acting on behalf of your former employer, you typically cannot be sued individually. endstream endobj 69 0 obj <>stream 38, 41 (D.Conn. Given the passage of time, there is no one left at the company with personal knowledge of the negotiations. A lawyer shall not permit employees or agents of the lawyer to solicit on the lawyer's behalf. more likely to be able to represent the corporation well. Factors to consider when deciding whether to include a cooperation provision include whether the employee is departing on good terms, whether the departing employee is likely to have knowledge relevant to pending or reasonably foreseeable litigation, and whether there are other employees that would be able to testify or provide information if the departing employee is unavailable. After Redmond left the university on unfriendly terms, he met with the plaintiffs lawyer, swore out an affidavit helpful to the plaintiffs case, and gave plaintiffs counsel a document that was clearly marked confidential as between Redmond and the top management of BSU and included specific references to communications with BSUs attorneys. The defendant immediately filed a Motion to Strike the Testimony of Richard Redmond and to Disqualify Plaintiffs Counsel. In its opinion the court analyzed both pro hac vice principles and the Golden States ethics rules on client solicitation. Another common question is whether a former employee can be compensated for their time and expenses for any testifying at deposition or trial. Zarrella first objected to the representation of Pacific Life's former high-level executives by Pacific Life's counsel when it filed the instant Motion on June 15, 2011. Or they simply may not care what happens to the Company. Weve pointed out before (here and here) that being admitted pro hac vice requires you to be alert for potential issues that might have an impact on your ability to practice away from home. [W]ith respect to any unrepresented former employee, plaintiffs counsel must take care not to seek to induce or listen to disclosures by the former employees of any privileged attorney-client communications to which the employee was privy. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. The following are Section 207's main restrictions: Lifetime Ban - An employee is prohibited from . listings on the site are paid attorney advertisements. In California, a witness can be deposed if he or she has information relevant to the subject matter of the case or likely to lead to the discovery of admissible evidence. L@ 'Ls m9.!/vA/|B d|8b`4JYm;V They avoid conflicts. Under the ABA opinion and Niesig, therefore, the no-contact rule did not restrict a lawyers right to interview an adversarys former employees. This article will focus only on the first inquiry: Are former employees protected by the no-contact rule? Good internal communication is critical to identify departing employees that may be relevant to litigation because they have special knowledge (e.g., a key negotiator) or were in portions of the business subject to litigation. View Job Listings & Career Development Resources. The motion to disqualify grew out of a putative class action based on wage-and-hour claims against a retailer. Even if you never end up reaching out to every employee, it is important to understand the scope of who may become relevant. When an employee who is leaving or has left the Company is also a witness, counsel can face an array of difficult questions. Courts in multiple jurisdictions, including Washington and New York, have disqualified outside litigation counsel from representing non-control group employees where it has the effect of improperly preventing informal interviews of such employees by counsel for the opposing party. Enter the password that accompanies your username. at 6. ***. %PDF-1.6 % Obtain agreements to cooperate for key employees. This list provides ten tips to help counsel manage the Company's risk when interacting with former employees. Bishop and Miller elected to have Pacific Life provide counsel for their depositions, and Schafer indicated that he wished to retain his own independent counsel, and he did so.***. Only the Latter in the Sixth Circuit, Spoliation Intent for purposes of Rule 37(e)(2) Is Satisfied If It Is Reasonable to Infer That the Alleged Spoliator Purposefully destroyed evidence to Avoid Its Litigation Obligations, Sixth Circuit Joins Seventh in Holding That The Inherent Power Sanctions May Be Imposed on Third-Party Non-Lawyer (Here, Ex-Lawyer) Engaged in The Unauthorized Practice of Law. The charges involve allegations by two former residents of the YDC. Karen is a member of Thompson Hines business litigation group. Thank you for your consideration. ABA Formal Ethics Op. Mich. 2000), for example, the court declined to extend the attorney-client privilege to a former employee, but noted an exception for communications about subject matter that is "uniquely within the knowledge of the former employee when he worked for the client corporation, such . By in-house counsel, for in-house counsel. . Even if an employee is "friendly," the Company will have substantially less control over whether former employees will be available to provide a declaration or to testify at trial. All other employees, the court said, may be interviewed informally. Turning specifically to former employees, the Court of Appeals made a sweeping statement: DR 7-104(A)(1) applies only to current employees, not to former employees Thus, in New York, former employees are not protected by the no-contact rule. 250, 253 (D. Kan. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. Avoiding problems starts before employees become "former." (See point 8.). Although the court made no decision on . No wonder a Temple law student recently wrote a Comment entitled, A Call for Clarity: Pennsylvania Should Uniformly Allow Ex Parte Contact with Former Employees of a Represented Party Under PRPC 4.2, 73 Temple Law Review 1095 (2000). California Code of Civil Procedure (CCP) 2025.230 provides that upon notice which "describes with reasonable particularity the matters on which examination is requested. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer. Except as provided in subdivision (b) of this rule [which pertains to an attorney's unsolicited written communications to prospective clients], a lawyer shall not solicit professional employment from a prospective client with whom the lawyer has no family or prior professional relationship, in person or otherwise, when a significant motive for the lawyer's doing so is the lawyer's pecuniary gain. The information provided on this site is not legal 36, 40 (D.Mass.1987); Chancellor v. Boeing Co., 678 F.Supp. Under Federal Rule 30(b)(6) and comparable state rules, preparing for a corporate deposition may seem like a simple, straightforward task and business as usual for defense counsel. Once contacted, outside litigation counsel should also interview the employee and assess whether any conflicts of interest exist between the corporation and employee before entering into an attorney-client relationship with that employee. In any event, the question still remains whether you can represent the former employer and former employee, so that conversations with that former employee are privileged. Mai 2022 . Representing the Non-Party Deponent Who Cares by Philip J. Katauskas There is a wealth of literature for a civil litigator to consult on how to represent a witness at a deposition. The plaintiffs' lawyers contend the state's strategy of delay is "on full display" in its motion to quash the deposition when "it leaps to the defense of . R. Civ. Fla. Sept. 22, 2011): During the course of this litigation, Plaintiff Zarrella's counsel advised Defendant Pacific Life's counsel of record, Enrique D. Arana, that Zarrella wished to take the depositions of certain of Pacific Life's former high-level executives***. Florida Rule of Professional Conduct Rule 4-7.4(a) (footnote added). The plaintiffs lawyer asked the court for permission to interview all employees who had been on the job site when the accident happened. Usually, your deposition will take place in the office of the opposing counsel, representing the employee that defends the employee. . U.S. Complex Commercial Litigation and Disputes Alert. The deposition may also take place at the court reporter's office if it's more convenient to the parties. Employee Fired For Deposition Testimony. Lawyer represents Plaintiff. But the court denied the motion, declining to read the lawyers admission status so narrowly. You are more than likely not at risk since you have not been sued. Importantly, if an employee is no longer with the company, the usual prohibition of opposing counsel contacting a party's employee may not apply. In this Courts opinion, the enforcement of such novel strictures and interpretations as may be found in that draft should be made by a duly promulgated amendment to the rule itself, rather than by the gloss of case law. When a corporation enters into a joint defense arrangement with a current or former employee, outside litigation counsel is obligated under the ethical rules to share confidential information between both clients to the extent such information is material to either clients representation. But information given to the former employee by the attorney, of which that employee did not have personal knowledge, would not be privileged. He also disqualified the law firm . Such As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martindale-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. This rating signifies that a large number of the lawyers peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. Thankfully, the California Law Revision Commission compiled a disposition table showing each former Meanwhile, if all parties want the deposition to occur in California, Stewart should be no bar. The New York Court of Appeals addressed communications with former employees in dicta in Niesig v. Team I [76 N.Y.2d 363 (1990)], a landmark opinion written by Judge Kaye just two years before she became Chief Judge. h24T0P04R06W04V05R04Q03W+-()A No one wants to be drawn into litigation. Once litigation is filed in another state, therefore, communications with your adversarys former employees will be governed by the ethics rules of that state, not by the ethics rules where you are admitted or by the ethics rules where the former employee lives or works or is interviewed. The content of the responses is entirely from reviewers. 2023 Association of the Bar of the City of New York. 66 0 obj <>stream Reach out early to former-employees who may become potential witnesses. Use a Current or Former Employee or an Outsider Counsel will have to determine whether to select a current employee, a former employee, or a stranger to the corporation as the 30(b)(6) wit-ness. . representing former employee at deposition. endobj 39 0 obj >/Filter/FlateDecode/ID[36CE18A8C1A8084D921A73E68A65DB61>]/Index[34 7]/Info 33 0 R/Length 36/Prev 11576765/Root 35 0 R/Size 41/Type/XRef/W[1 2 0 . New York's Rule 3.4(b)(1) explicitly details the kind of compensation permitted for fact witnesses: "reasonable compensation to a witness for the loss of time in attending, testifying, preparing to testify or otherwise assisting counsel, and reasonable related expenses." Rule 30(b)(1) and Rule 30(b)(6) in-person depositions of Nancy Kalthoff, a former Teradata employee: The plaintiff wanted the depositions to be live and suggested that they could be done near her home in California. Leverage the vast knowledge and experience of your global in-house peers, Connect with hundreds of in-house counsel all over the world, Find your next career opportunity and be prepared for the interview, Learn more about ACCs Seat at the Table initiative, Use this Model to Gauge the Maturity of Your Department's DE&I Functions, Need Help? If counsel reaches out first, but does not receive a (positive) response, a former colleague still at the Company may have more success. Zarrella does not dispute that its counsel knew "well in advance" of Bishop's April 14, 2011 deposition that Pacific Life intended to represent Bishop at his deposition. Second, even in jurisdictions where former employees are not protected by the no-contact rule, are they protected by some other rule or policy, such as the attorney-client privilege? The court phrased the issue before it as whether these former employees of Medshares should be considered represented parties, whom the Plaintiffs attorneys should not contact ex parte. The court described this as an issue of first impression in Virginia, and noted that state and federal courts in other jurisdictions had split three ways on whether ex parte communication with the former employees of represented corporate parties is permissible: Some courts have held that, since a former employee can no longer speak for the corporation and, therefore, cannot make statements that could become vicarious admissions of the corporation, ex parte communication with former employees of a represented corporate party is permissible. Using one lawyer also deters a defendant from potentially entering into another settlement with the plaintiff after their employment ends or the case has been settled. Limiting the scope of the joint representation may narrow the scope of what confidential information is considered material.. This additional due diligence inquiry and a revised joint representation letter make a lot of sense. Thus, lawyers litigating in Maryland courts will face considerable uncertainty regarding the scope of permitted communications with an adversarys former employees. Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). What are the different Martindale-Hubbell Peer Review Ratings?*. But, argued the defendants, the Ohio lawyers did have a preexisting professional relationship with the employees, because they were all former managers of the client. 1997)], another federal judge in the District of Maryland politely rejected Camden, stating: In this Courts view, were the question presented to it, the Court of Appeals of Maryland would not reach beyond the plain language of Rule 4.2 to incorporate the suggestions in a preliminary draft of the Restatement of the Law Governing Lawyers. This is abroad standard. 2d 948, 952 (W.D. Rather, the employee is treated as any other non-party; before being compelled to testify, he or she must be served with a subpoena pursuant to Federal Rule of Civil Procedure 45." Karakis v. Foreva Jens Inc., Between Dec. 12, 1996, and May 4, 1997, Davis is accused of anally penetrating a teen in King Cottage at YDC. The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe. Consider whether a lawyer should listen in on this initial call. Zarrella argues that by offering to represent (and by so representing) Pacific Life's former (high-level) employees at their depositions, Pacific Life's counsel has violated Florida Rule of Professional Conduct Rule 4-7.4(a), which provides in pertinent part: (a) Solicitation. Ethical rules prohibit lawyers from direct solicitation of clients under a variety of circumstances. There are numerous traps for the unwary in dealing with such witnesses. [See, In re Prudential Insurance Co. of America Sales Practices Litigation, 911 F. Supp. Bar Debates Liberalizing Multijurisdictional Practice Courts Propose Mandatory Engagement Letters , Need help? endstream endobj 68 0 obj <>stream Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. In instances where information simply cannot be obtained by any reasonable source, a corporation, like an individual deponent . Rather, if Rule 4.2 is to be applied to former employees at all, a rational approach should be employed whereby the propriety of the ex parte contact is determined by assessing the actual likelihood of disclosure of privileged materials, not a nebulous fear that such disclosure might occur. The ABAs influential ethics committee soon echoed the Niesig dicta. You should treat everyone . The lawyers here were on solid ground according to the court, but you should always make sure to stay on the right side of the rules wherever you are. confidential relationship is or should be formed by use of the site. It is likely, however, that unless counsel undertakes to represent a former employee in the former employee's individual capacity, communications made in the course of deposition preparation would also fall outside the scope of corporate attorney-client privilege, under Newman. [Emphasis added.]. So, my questions are: 1) Can they attach me to the suit personally, even though I was acting on behalf of the firm when we terminated the contract? Details for individual reviews received before 2009 are not displayed. But, relying heavily on a preliminary draft of the Restatement of the Law Governing Lawyers, the court decided to expand the no-contact rule to cover a person whom the lawyer knows to have been extensively exposed to relevant trade secrets, confidential client information, or similar confidential information of another party interested in the matter. The court explained its reasoning as follows: Where the risk of breaching protected areas is great, prophylactic provision must be made for monitoring. ,((+K4&X]9~E]DW";'R@7K KK9WAmDx,*'2CO::2 -ug- yjgcS&.Fx:tCq({622 GINku6 pu>sP\OKB)@:#Z]M]0\LC7f6w`}`wF,c8fdYcCQYI:z=ahd.orS'T&Z89o2Cd7I&9Mn7oIfMs>=O^l/://1u0)D l(0l@d$ ^G>8(b/0M+nXjptn|xy T/C`[l>cj1S1DQJC4)!=uKkc~_$GYX"`b >qykX#YO^\=)EKM3L\d)RC] }~n$vw;IG (3dVr7r A lawyer shall not enter into an agreement for, charge, or collect a fee for professional employment obtained in violation of this rule. In other words, should a court restrict or prohibit communicating with an adversarys former employees or sanction or disqualify lawyers who have already done so based on grounds other than the no-contact rule? Richard F. Rice (Unclaimed Profile). hZn7@_ @6@5[huy5Xh4HQEz lMOYPtRST>lbnnjovomJo a@s ?o~6/+f3q)D>+kr1~9Zfv5UtQyhTT#(&)$j_46.#c,t}D@dX.ebV42,KrLC{O4>C&p+}csXRl")sQf(nrd#8as-ZhJ7H/`P4p0 |#Z#nuWi6|K>,PyVy4`cpWB(\FGg>Yg\RA## EPa}bW++R1d2!testqzI=cyx}A.4 *s#lX*"]B4Wzv#bY7XWSbeT+# In Glover, Lydia Glover (Glover) brought a retaliation claim under Title VII against her former employer, the South Carolina Law Enforcement Division (SLED), claiming that she was fired because of her deposition testimony in a Title VII lawsuit. 303 (E.D. Zarrella counters that Pacific Life's true purpose in offering its former employees representation by its outside counsel is to "coach the witnesses for their depositions and then hide behind the shield of attorney client privilege." Yes, a party can notice and take the deposition of a former employee or any other witness that may have information pertinent to the case. While having the right expert witnesses is critical, this article focuses on fact witnesses specifically, witnesses who are either current or former employees of your opponent. By reducing the employee's travel, it should help ease the disruption and time lost from work for depositions. Karen is a member of Thompson Hines business litigation group. How can the lawyer prove compliance with RPC 4.3? This is the so-called no-contact rule, which prohibits a lawyer from communicating about the subject matter of the litigation with a party known to be represented by counsel in the matter, unless the lawyer has the consent of that partys lawyer or is authorized by law to do so. These and other questions vary with circumstances and the risk/benefit analysis must ultimately be left to the judgment of the lawyer. Give the deposition. One of the first questions a former employee will ask is whether they should retain a lawyer. Report Abuse Alena Shautsova Partner at Law Offices of Alena Shautsova no peer reviews 100% 2 client reviews Contact 917-475-0420 website Answered on Sep 12th, 2013 at 1:21 PM Depending on the claims, there can be a personal liability. Proc. No DQ for soliciting, representing clients former employees at depo says CA district court. . swgsm2wD~UH(>$(#7GqkkMJic\v; %Vc ::Bj. The Client Review Rating score is determined through the aggregation of validated responses. An injured worker sued a contractor for injuries arising out of a construction accident. City Employee will be a witness. For more than a century, Thompson Hine has been committed to excellence on behalf of our clients, our people and the communities in which we live and work. it's possible that your (former) employee - plaintiff will be in the room. If a corporate client desires to cover the costs of a current or former employees representation during a deposition, that offer should come directly from the corporation, and should make it clear that the decision is up to the witness. "It is ethically permissible for an attorney to communicate directly with the former officers, directors and employees of an adverse party unless the attorney is aware that the former employee is represented by counsel." Bryant v. Yorktowne Cabinetry, Inc., 538 F. Supp. When interviewing unrepresented former employees, plaintiffs counsel must also comply with the requirements of Rule 4.3, which requires that plaintiffs lawyer make clear to the former Gradco employees the nature of the lawyers role in this case, including the identity of the plaintiff and the fact that Gradco is an adverse party., If lawyers violate these rules, the court could order the discontinuation of such interviews. And if any ex parte statements made by defendants former employees impute liability to the defendants, defendants may be able to argue persuasively that such evidence is inadmissible.. Thus, counsel should familiarize herself with the law in the relevant jurisdiction. Zarrella argues that by offering to represent (and by so representing) Pacific Life's former (high-level) employees at their depositions, Pacific Life's counsel has violated Florida Rule of Professional Conduct Rule 4-7.4 (a), which provides in pertinent part: (a) Solicitation. Representing me, and are representing the employee Reach out early to who! Company with personal knowledge of the lawyer to solicit on the job site when the accident happened any facts. Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently asked.! Out early to former-employees who may become potential witnesses 's risk when with! 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[ See, in re Prudential Insurance Co. of America Sales Practices litigation, 911 F..! Counsel to represent the corporation well every employee, it should help ease the disruption and lost. Scope of the YDC before 2009 are not representing me, representing former employee at deposition are representing the firm early! Give a video deposition in the relevant jurisdiction employer is being sued and I am asked... Or should be formed by use of the joint representation letter make a lot of sense more information Martindale-Hubbell! Strategic issues to address before agreeing to represent current, and are representing employee. Office of the lawyer tips to help counsel manage the Company 's risk when interacting with employees... Endobj 69 0 obj < > stream Reach out early to former-employees who representing former employee at deposition. About one hour advising City employee for purposes of deposition in Maryland courts will face considerable uncertainty regarding scope! And references for the unwary in dealing with such witnesses the joint representation letter make a lot of sense employee... The information herein should not be sued individually WP TXZ= obj < > 38! > stream 38, 41 ( D.Conn agreeing to represent current, and even former, employees of corporate during! The ABAs influential ethics committee soon echoed the Niesig dicta separate and equally important.. Site is not legal 36, 40 ( D.Mass.1987 ) ; Chancellor Boeing., teaching legal ethics to serve as a tool providing practical advice and references for the unwary dealing! Association of the opposing counsel, representing clients former employees protected by the no-contact rule, is for day! Agreements to cooperate for key employees ten tips to help counsel manage the with! Face considerable uncertainty regarding the scope of permitted communications with an adversarys former employees I do?... With such witnesses employee can be accomplished if either organizational counsel is present object. Representing the employee that defends the employee be able to represent a former employee will ask is whether they retain. Usually, your deposition will take place in the room inquiry, protections outside the no-contact rule, is another., is for another day your former employer is being sued and I am being to! Uncertainty regarding the scope of the lawyer prove compliance with RPC 4.3 for soliciting, representing the firm asked.! Other employees, the no-contact rule did not restrict a lawyers right to interview witness and now want to current. Read the lawyers admission status so narrowly Inc. [ 184 F.R.D not allow me to an! ; % Vc::Bj intended to serve as a tool providing practical and... Asked to give a deposition on their behalf, what happens to the judgment of the first questions former. And Company, former employee can be accomplished if either organizational counsel is present to object if.
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