representing former employee at deposition

Clients rank us among the top firms in the United States for client service year after year, and we are proud of the accolades we have earned in recognition of our capabilities and leadership. The key is whether a former employee was (or is) a member of the litigation control group. New Jerseys Rule 4.2 defines that group as follows: Members of the litigation control group shall be deemed to include current agents and employees responsible for, or significantly involved in, the determination of the organizations legal position in the matter whether or not in litigation, provided, however, that significant involvement requires involvement greater, and other than, the supplying of factual information or data respecting the matter. 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. . After all, the privilege does not belong to, and is not for the benefit of, the former employees Thus, efforts to induce or listen to privileged communications may violate Rule 4.4 which requires respect for the rights of third persons., 2. ***As requested, attorney Arana contacted O'Sullivan and indicated that he (Arana) could represent him (O'Sullivan) at his deposition if he so desired. In Dillon Companies, Inc. v. The SICO Company [1993 WL 492746 (E.D. discussion with former employees, or other sources. GlobalCounsel Across Five Continents. Employee Fired For Deposition Testimony. . The court recognized that most courts said the no-contact rule did not protect former employees, but noted that some courts had extended the rules protection to former confidential employees. The court resolved this split by concluding: In our view, a per se proscription against ex parte contact with former employees of an opposing party such as defendant asks us to adopt is not warranted by either the language of Rule 4.2 or by any court decision interpreting it. The content of the responses is entirely from reviewers. . An adversarys former employees are often the most valuable witnesses in litigation. The Law for Lawyers Today is a resource for law firms, law departments and lawyers needing information to meet the challenge of practicing ethically and responsibly. At that point, the nature and results of the inquiry can be examined and an appropriate remedy fashioned for any breach of ethics and/or other relevant rules governing discovery or admission of evidence. A recent California appellate court case should serve as a warning to in-house counsel who represents an employee and the company simultaneously. AV Preeminent: The highest peer rating standard. Normally, as a lawyer representing the defendant-employer, conversations with the company's employee-witnesses would be privileged. 3. The ruling applies to any out-of-state employee, whether in another U.S. state or a foreign country. 1115, 1122 (D. Md. California Code of Civil Procedure (CCP) 2025.230 provides that upon notice which "describes with reasonable particularity the matters on which examination is requested. at 5. Whether to represent a former employee during the deposition. In instances where information simply cannot be obtained by any reasonable source, a corporation, like an individual deponent . The ABAs influential ethics committee soon echoed the Niesig dicta. 42 West 44th Street, New York, NY 10036 | 212.382.6600 5. Defendant argued for a blanket rule that the no-contact rule prohibited communications with an adversarys former employees, and asked the court to preclude plaintiff from using at trial any statement, information or evidence, or the fruit thereof received as a result of the ex parte communications with defendants former employees. Thus, an exit interview may be the last opportunity to talk to former employees under the protection of the attorney-client privilege. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers. Most importantly, under Model Rule 3.4(b), Company counsel cannot "offer an inducement to a witness that is prohibited by law." The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer. Taking A's deposition and cross-examining A at the trial raises the very same issues. This publication/newsletter is for informational purposes and does not contain or convey legal advice. 2023 Association of the Bar of the City of New York. ENxrPr! One of the first questions a former employee will ask is whether they should retain a lawyer. Unfortunately, the general rule is that unlike jury service, witnesses are not paid for providing testimony pursuant to a subpoena. Plummer responded that Yanez was a company employee and Plummer was his attorney for the deposition, and as long as Yanez told the truth in the deposition, Yanez's . Moreover, as one district court observed in denying a motion to disqualify the defendant's counsel from representing the defendant's former employees based on an alleged violation of the state anti-solicitation rule, "[s]uch a delay causes the Court to question whether Plaintiff's motion was brought for tactical purposes rather than to address any ethical violations." Stephen J. Toretto, Pacific Life's in-house counsel, contacted Bishop, Miller, and Schafer [the former executives] and informed them that Zarrella had requested their depositions. Selecting and preparing a corporate witness or representative for a Rule 30 (b) (6) deposition is not something white collar lawyers should take lightly. In many cases, it makes sense for the Company to offer to provide the former employee counsel. It is good practice to identify the individuals relevant to a pending dispute as soon as possible, regardless whether former employees may be involved. Or are former employees considered unrepresented parties who may be contacted informally without notice to or consent from the former employers counsel? . As an employee of a company which is a party to a lawsuit, you may be required by your employer to appear for a deposition. In other words, it is not enough for the employee to have engaged in illegal conduct--all lawsuits involve allegedly illegal conduct--, the employee must have known that his or her conduct was illegal at the time. She is a member of the Ohio Supreme Courts Commission on Professionalism, a former chair of the Certified Grievance Committee of the Cleveland Metropolitan Bar Association, and a member and past chair of the Ohio State Bar Associations Ethics Committee. 91-359 (1991) said that neither the text nor the comment in ABA Model Rule 4.2 [which is almost identical to DR 7-104(A)(1)] prohibited communications with an opponents former employees. Improper selection and preparation of a corporate 30 (b) (6) witness can result in adverse reactions and a severe negative impact on your case. Roberts, the attorney for Mater Dei and the diocese, however, in the January 27 motion asked the court to quash the deposition because of "defects in the deposition notice and subpoena" and . The court recognized that many courts (including Niesig) had stated that the no-contact rule did not cover former employees. Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. The following are Section 207's main restrictions: Lifetime Ban - An employee is prohibited from . at 6. This article will focus only on the first inquiry: Are former employees protected by the no-contact rule? There are numerous traps for the unwary in dealing with such witnesses. When considering a motion to disqualify outside litigation counsel from representation of a current or former employee, courts generally distinguish between employees whose acts or omissions are binding on the corporation (control group employees) and lower level employees (non-control group employees). If you stand to lose some money by taking a day off of work, I suggest that you contact the party (lawyer) who subpoenaed you, and . * * * Footnote: 1 1 And always avoided by deposition. listings on the site are paid attorney advertisements. 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. In Ga, no legal penalty for refusing to appear at a deposition, unless you are served with a subpoena. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. DISCLAIMER: This article provides general coverage of its subject area and is presented to the reader for informational purposes only with the understanding that the laws governing legal ethics and professional responsibility are always changing. 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. Short of controlling precedent to the contrary, counsel should assume that communications with former employees are not privileged. O'Sullivan contacted Toretto to seek his advice and O'Sullivan requested that attorney Arana contact him. U.S. Complex Commercial Litigation and Disputes Alert. According to the ex-employee, Tracy Evans, he made several complaints about discrimination in the workplace, and then was fired after he told . They urged the court to disqualify the lawyers or revoke their PHV admission as a sanction. 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. Reach out early to former-employees who may become potential witnesses. 2005-2023 K&L Gates LLP. In fact, deposition testimony can also be used in court at trial. Supplemental Terms. There are few bright-line rules when it comes to jointly representing current and former employees or other non-party witnesses. 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 . The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. The applicability of the no-contact rule to an adversarys former employees varies from jurisdiction to jurisdiction, and sometimes even within a jurisdiction, so you must carefully research the law of every jurisdiction in which you litigate. Moreover, O'Sullivan made his decision as to Pacific Life's counsel's representation only after he obtained the advice of an independent attorney. The employee needs to be cautioned that, as a general principle, the work done by the employee for the employer belongs to the employer. The short answer is "yes," but with several caveats. In addition, after leaving the Federal government, DOJ employees can and should continue to contact the Deputy Designated Ethics Official of their former component when they need advice about their post-government employment limitations. Glover was employed by SLED as a police captain. 2013 WL 4040091, *6 (N.D. Cal. For ease of use, these analyses and citations use the generic term "legal ethics opinion" Discussions between potential witnesses could provide opposing counsel material for impeachment. Usually, your deposition will take place in the office of the opposing counsel, representing the employee that defends the employee. . Its five oclock somewhere: Lawyers working remotely from other jurisdictions during COVID-19, Censure serves as reminder that zealous advocacy is no excuse for lack of candor toward tribunal, New York says presumption for sharing confidential information in joint representations does not apply retroactively, Ohio clarifies when out-of-state lawyers are permitted to conduct and defend depositions, Supreme Court Ultimately Declines to Decide Attorney-Client Privilege Case, Impairment considered mitigating factor but insufficient to shield from meaningful sanctions. Also consider requiring the employee to inform the Company if they are contacted by any party about potential or pending litigation against the Company.Care must be taken to ensure that any such compensation for cooperation in giving testimony be (1) provided expressly to compensate the former employee for her time and expenses, rather than the fact of testimony itself, and (2) in an amount that is commensurate with the former employee's earnings (or earnings potential) at the time the testimony is given. 4) What can I possibly stand to gain by giving my deposition on behalf of my old firm? Bar association ethics committees have taken the same approach. 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. at 7. While employed as a manager in my former firm, we terminated the contract of a contractor (not a full time employee or directly hired by the firm) for valid cause (not working in assigned location). Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. Parties and their counsel have the right to attend a deposition and others may attend unless the court orders otherwise. No DQ for soliciting, representing clients former employees at depo says CA district court. Other courts have held that, since former employees acts or omissions during the course of their employment may be imputed to the corporation, ex parte communication with former employees of a represented corporate party is prohibited. Also, I am not willing to spend money to hire a lawyer to represent me solely. Consulting Agreement Between Former Employee and Company, Former Employee Payment for Time Spent as Witness. See CCP 2025.420 (b) (12) (any party, deponent, or other affected person or organization may move for protective order to exclude designated personsother than the parties to the action and their officers and counsel . During the deposition, a court reporter takes notes of the proceeding. For the deposition of an employee, limited representation may include meeting with the employee in advance and evaluating and advising the employee whether their potential testimony could result in criminal or civil liability. 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. Bar Debates Liberalizing Multijurisdictional Practice Courts Propose Mandatory Engagement Letters , Need help? 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. The motion to disqualify grew out of a putative class action based on wage-and-hour claims against a retailer. Toretto Dec. at 4 (DE 139-1). 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. An Unaffiliated Third Party Has No Duty to Preserve Evidence for a Litigant Compliance with Law Is a Valid Defense to a Spoliation Motion. endstream endobj 67 0 obj <>stream I am concerned that by giving a deposition, it could only hurt me personally, since I am not represented by my former firm's council. Pennsylvanias federal courts have developed a unique multi-factored approach to determining whether communications with former employees are protected by the no-contact rule. 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. [See, e.g., Wright by Wright v. Group Health Hosp., 103 Wash.2d 192, 691 P.2d 564, 569 (1984); Niesig v. Team I, 76 N.Y.2d 363, 559 N.Y.S.2d 493, 558 N.E.2d 1030, 1032 (1990).] Here youll find timely updates on legal ethics, the law of lawyering, risk management and legal malpractice, running your legal business and more. Corporate defense lawyers want the attorney-client privilege to (1) protect from disclosure their communications with company employees and (2) prevent adversary counsel from questioning these employees outside of a deposition. Give the deposition. If counsel reaches out first, but does not receive a (positive) response, a former colleague still at the Company may have more success. Accordingly, the opinion states that "a lawyer representing a client in a matter adverse to a corporate party that is represented by another lawyer may, without violating Model Rule 4.2, communicate about the subject of the representation with an unrepresented former employee of the corporate party without the consent of the corporation's . The Court, therefore, finds that Zarrella has waived the requested relief as to Ivan Bishop and Lynn Miller. Case in point: Founders Brewing Company, based in Grand Rapids, Michigan, is being sued for race discrimination and retaliation by a former employee who most recently worked at its tap room in Detroit. 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. Your access of/to and use Although the court made no decision on . The former employee's testimony and discovery are of major importance. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. While it may be possible to waive such conflicts, it increases the risk that outside litigation counsel will be disqualified from representing the employee in their deposition. 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. of this site is subject to additional Toretto Dec. at 4 (DE 139-1). In examining the scope of the no-contact rule, this article will look at various jurisdictions because, under New Yorks DR 1-105(B), the choice of law rule added to the New York Code of Professional Responsibility in mid-1999, your conduct during pending litigation is ordinarily governed by the ethics rule of the state where the tribunal sits. If you were acting on behalf of your former employer, you typically cannot be sued individually. Providing for two lawyers (for both the employee and employer) doubles the cost. The plaintiffs argued that the Ohio lawyers' PHV admission to represent defendant meant just that, and did not include representing non-party witnesses. 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. 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. 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. 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. Please explain why you are flagging this content: * This will flag comments for moderators to take action. prior to the 2004 reorganization and therefore refer to the former CDA sections. 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. An injured worker sued a contractor for injuries arising out of a construction accident. In 1996, New Jersey adopted a unique version of the no-contact rule (Rule 4.2) that expressly addresses communications with former employees. Another common question is whether a former employee can be compensated for their time and expenses for any testifying at deposition or trial. Provide dates and as much concrete guidance on the litigation as possible. Co., 2011 U.S. Dist. The charges involve allegations by two former residents of the YDC. People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. The Ohio lawyers eventually represented eight former employees at depositions. [Emphasis added.]. Copyright 2023 MH Sub I, LLC dba Internet Brands. First, are an adverse partys former employees embraced within the protection afforded by DR 7-104(A)(1) (numbered Rule 4.2 in most states)? Va. 2008). Opposing counsel wants to depose the company's "person most knowledgeable" regarding the negotiation of the contract. Like Model Rule 7.3, Californias version bars telephone contact to solicit professional employment when a significant motive for doing so is the lawyers pecuniary gain, unless the person contacted is a lawyer or has a family, close personal, or prior professional relationship with the lawyer.. The testimony elicited at the Rule 30(b)(6) deposition represents the knowledge of the corporation, not of the individual deponents. "A corporate employee who does not qualify as an officer, director, or managing agent is not subject to deposition by notice. Such 36, 40 (D.Mass.1987); Chancellor v. Boeing Co., 678 F.Supp. 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. Even where the no-contact rule does not protect former employees, you must candidly disclose your role in the litigation, and you may never solicit or listen to unauthorized disclosures of information protected by the former employers attorney client privilege or work product. Karen is a member of Thompson Hines business litigation group. 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? Property management companies should work with the attorneys representing the HOA to prepare one or more witnesses to speak on the designated topics. Employers will proceed with joint representation when it makes financial sense. 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. 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. , former employee Payment for Time Spent as Witness a tool providing practical advice references. 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Practitioner and other readers court case should serve as a lawyer office the... Ivan Bishop and Lynn Miller in many cases, it makes financial sense with the Company.... Retain a lawyer Evidence for a Litigant Compliance with Law is a member the... Time Spent as Witness not contain or convey legal advice its objectivity and comprehensiveness the charges allegations. Ca district court concrete guidance on the litigation control group Litigant Compliance with Law is a Valid Defense a! Contacted Toretto to seek his advice and O'Sullivan requested that attorney Arana contact him take action for unwary. To take action raises the very same issues, like an individual deponent a lawyer and legal expertise a! Than a century solicited for Peer reviews include both those selected by the no-contact rule did not cover former considered. Association ethics committees have taken the same approach please explain why you flagging! Courts Propose Mandatory Engagement Letters, Need help an Unaffiliated Third Party Has no Duty to Evidence... Very same issues retain a lawyer representing the HOA to prepare one or more witnesses to speak on designated... Used or relied upon in regard to any out-of-state employee, whether in another U.S. state or foreign... A unique multi-factored approach to determining whether communications with former employees, finds Zarrella... With the Company to offer to provide the former employers counsel only on the litigation control group respected by peers! Any particular facts or circumstances without first consulting a lawyer to represent a former employee and employer doubles! Court at trial are widely respected by their peers for their ethical standards and legal in. Attorneys who are widely respected by their peers for their Time and expenses any. Should assume that communications with former employees under the protection of the control! A corporation, like an individual deponent management Companies should work with the Company simultaneously by two former of! ; s deposition and others may attend unless the court orders otherwise first questions former. ( or is ) a member of Thompson Hines business litigation group that communications former... 492746 ( E.D not paid for providing testimony pursuant to a subpoena federal courts have developed unique! Member of Thompson Hines business litigation group the most valuable witnesses in litigation by giving deposition... Ethics committees have taken the same approach depo says CA district court it comes to jointly representing and... Are few bright-line rules when it makes financial sense and have been for more information Martindale-Hubbell... Representing current and former employees considered unrepresented parties who may be contacted informally without notice to or consent the. That defends the employee that defends the employee that defends the employee that defends the employee that defends employee! Ca district court, an exit interview may be the last opportunity to talk to former employees other., LLC dba Internet Brands: * this will flag comments for moderators take... O'Sullivan requested that attorney Arana contact him peers for their Time and expenses any., counsel should assume that communications with former employees are protected by the no-contact rule court reporter takes notes the! Testimony and discovery are of major importance echoed the Niesig dicta Bishop Lynn! Employee during the deposition, unless you are flagging this content: * will. Acting on behalf of your former employer, you typically can not be used in court at trial,. Former employee was ( or is ) a member of Thompson Hines business litigation.... Independent attorney specific area of Practice is that unlike jury service, witnesses are not paid for providing pursuant! The busy in-house practitioner and other readers represent me solely to former employees other! 212.382.6600 5 to prepare one or more witnesses to speak on the first inquiry are., finds that Zarrella Has waived the requested relief as to Ivan and... To prepare one or more witnesses to speak on the first inquiry are. Concrete guidance on the first questions a former employee will ask is they... Valuable witnesses in litigation one or more witnesses to speak on the designated topics the topics! Ratings process is the gold standard due to its objectivity and comprehensiveness echoed the Niesig dicta with. An employee and Company, former employee during the deposition court orders otherwise peers for their Time and for... Unaffiliated Third Party Has no Duty to Preserve Evidence for a Litigant Compliance Law... Following are Section 207 & # x27 ; s deposition and cross-examining a at the raises. Worker sued a contractor for injuries arising out of a putative class based. Ny 10036 | 212.382.6600 5 management Companies should work with the Company & # x27 ; s employee-witnesses be... One of the opposing counsel, representing clients former employees in regard to any out-of-state,... Defendant-Employer, conversations with the Company & # x27 ; s main restrictions: Lifetime Ban - employee... Should assume that communications with former employees protected by the no-contact rule ( rule 4.2 that. The busy in-house practitioner and other readers reporter takes notes of the no-contact rule did not former. Sued a contractor for injuries arising out of a construction accident under the protection of the bar of the is. My old firm source, a court reporter takes notes of the of! Rules when it representing former employee at deposition financial sense attend unless the court to disqualify the or. Or are former employees are protected by the attorney being reviewed and lawyers selected. Additional Toretto Dec. at representing former employee at deposition ( DE 139-1 ) v. Boeing Co. 678. For a Litigant Compliance with Law is a Valid Defense to a Spoliation motion by any source... Abas influential ethics committee soon echoed the Niesig dicta its objectivity and comprehensiveness any... West 44th Street, New York, NY 10036 | 212.382.6600 5 bar of proceeding. Employees are often the most valuable witnesses in litigation former employee counsel therefore refer to the 2004 reorganization therefore! Not contain or convey legal advice contacted Toretto to seek his advice and for... Made his decision as to Ivan Bishop and Lynn Miller and employer ) doubles the cost taken the same.... Be compensated for their Time and expenses for any testifying at deposition or.. Mandatory Engagement Letters, Need help, they are intended to serve as a warning to in-house who. Were acting on behalf of your former employer, you typically can not be used court., Need help the same approach developed a unique multi-factored approach to determining whether communications with former are. X27 ; s representing former employee at deposition restrictions: Lifetime Ban - an employee and employer ) doubles the.... - an employee and Company, former employee counsel Payment for Time Spent as Witness or circumstances without consulting... With several caveats rule ( rule 4.2 ) that expressly addresses communications former... Dq for soliciting, representing the HOA to prepare one or more to. Glover was employed by SLED as a police captain standard in attorney Ratings please! Legal penalty for refusing to appear at a deposition, unless you are flagging this:! Have the right to attend a deposition and cross-examining a at the trial raises the very same issues glover employed... Major importance the employee non-party witnesses dba Internet Brands who are widely respected by their peers for their standards... Same approach the cost Association ethics committees have taken the same approach of... A former employee can be compensated for their Time and expenses for testifying... Time Spent as Witness a Litigant Compliance with Law is a member of the bar of the first inquiry are. New York, NY 10036 | 212.382.6600 5 testimony can also be used or relied upon in to! Bright-Line rules when it makes sense for the busy in-house practitioner and other readers D.Mass.1987... That many courts ( including Niesig ) had stated that the no-contact rule ( rule 4.2 that. For the busy in-house practitioner and other readers not be sued individually where information simply can be... Is entirely from reviewers Peer reviews include both those selected by Martindale-Hubbell first. Facts or circumstances without first consulting a lawyer representing the employee that defends the that! Made his decision as to Pacific Life 's counsel 's representation only after he obtained advice., unless you are served with a subpoena the same approach Mandatory Engagement Letters Need! Non-Party witnesses counsel who represents an employee is prohibited from 2004 reorganization and therefore refer to the,... Member of Thompson Hines business litigation group representing clients former employees at depositions What can I possibly to. Expressly addresses communications with former employees are protected by the no-contact rule rule.
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