representing former employee at depositionrepresenting former employee at deposition

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.. Such The testimony elicited at the Rule 30(b)(6) deposition represents the knowledge of the corporation, not of the individual deponents. Employers will proceed with joint representation when it makes financial sense. The employee needs to be cautioned that, as a general principle, the work done by the employee for the employer belongs to the employer. Later, they phoned a number of the defendants former employees and offered to represent them at their depositions, after they were subpoenaed to appear as non-party witnesses. Thus, lawyers litigating in Maryland courts will face considerable uncertainty regarding the scope of permitted communications with an adversarys former employees. Karen is a member of Thompson Hines business litigation group. Depending on the claims, there can be a personal liability. For a more thorough discussion, see Annotation, Right of Attorney to Conduct Ex Parte Interviews with Former Corporate Employees, 57 A.L.R.5th 633 (1998). 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.. Wells Fargo Bank, N.A. 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. 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. Employee Fired For Deposition Testimony. Whether to represent a former employee during the deposition. This additional due diligence inquiry and a revised joint representation letter make a lot of sense. 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. 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 . A litigation consulting agreement with a former employee is a valuable mechanism to protect strategic communications with the former employees. In Niesig, therefore, the New York Court of Appeals added, the cautionary note that, while we have not been called upon to consider questions relating to the actual conduct of such interviews, it is of course assumed that attorneys would make their identity and interest known to interviewees and comport themselves ethically. In Dubois v. Gradco Systems [1991 U.S. Dist. While the plaintiffs contended that unless the lawyers were working without any compensation from anyone, the representation is for pecuniary gain, the court disagreed. 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. 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. If you have been served with a subpoena, you are compelled to testify in court. In its opinion the court analyzed both pro hac vice principles and the Golden States ethics rules on client solicitation. (See points 8 & 9). City Employee will be a witness. Still other courts have based their decisions on the positions held by the former employees, holding that there should be no ex parte communication with former employees who held managerial responsibilities with a represented corporate party. Aug. 7, 2013). The defense attorney should employ good sleuthing skills, including perhaps employing a private investigator, to identify, interview and potentially defend former employees at deposition and to develop . L@ 'Ls m9.!/vA/|B d|8b`4JYm;V Toretto advised these individuals that "they were entitled to counsel" and informed them that "Pacific Life could provide such counsel if they preferred that to choosing or finding their own." fH\A&K,H` 1"EY 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. These notes consist of word-for-word recording of what the witness says.These notes are then assembled into a deposition transcript. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. Reach out early to former-employees who may become potential witnesses. 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. 1988).] An early phone call, and if necessary a letter, helps control the message and ensures the employee doesn't receive a nasty surprise. CIV-08-1125-C, 2010 WL 1558554, at *2 (W.D. 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 . 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. discussion with former employees, or other sources. You are more than likely not at risk since you have not been sued. Give the deposition. This question breaks down into two separate and equally important inquiries. 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 . Any ambiguity in the courts formula could be addressed after the interviews took place. 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. However, the Camden decision did not settle Maryland law regarding former employees. representing former employee at deposition. 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? It is a common practice for outside litigation counsel to represent current, and even former, employees of corporate clients during depositions. 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. You represent a company embroiled in a dispute over a contract that was entered into 15 years ago. Failure to understand and follow local ethical rules could result in outside litigation counsels disqualification from representing its corporate clients current or former employees in depositions. The charges involve allegations by two former residents of the YDC. Alpharetta, GA Labor and Employment Lawyers, Gainesville, GA Labor and Employment Lawyers, Do Not Sell or Share My Personal Information. Unfortunately, the general rule is that unlike jury service, witnesses are not paid for providing testimony pursuant to a subpoena. hT0ESfK6+ @BJlRiWG{s!zp(blu)_m;U-m>".76^9-'`@* MZAK;?yOgXXwZ_oJ Our office locations can be viewedhere. 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. 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. Counsel may need to be involved in this process. 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). 569 (W.D. Similarly, in Peralta v. Cendant Corp., 190 F.R.D. This form of contact subjects a person to the private importuning of the trained advocate in a direct interpersonal encounter, in a situation that can be fraught with the possibility of undue influence, intimidation, and overreaching. Model Rule 7.3, cmt. ***. Reply at 3 (DE 144). . It is a common practice for outside litigation counsel to represent current, and even former, employees of corporate clients during depositions. endstream endobj 70 0 obj <>stream This site uses cookies to store information on your computer. 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." 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., Selecting and preparing a corporate witness or representative for a Rule 30 (b) (6) deposition is not something white collar lawyers should take lightly. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer. P.P.E., Inc. [986 F. Supp. If you were acting on behalf of your former employer, you typically cannot be sued individually. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers. ENxrPr! They urged the court to disqualify the lawyers or revoke their PHV admission as a sanction. Note that, given that he or she may still be reacting to the news that he or she may become embroiled in a legal dispute, and that it may not be clear how aligned the employee is with the Company and its position, a first call may not be the best time to begin discussing the dispute's substance (especially given the privilege concerns, see points 5 and 8). Eleventh Circuit: A district court may not sanction a party because of misconduct by its attorney that is not fairly attributable to the party. 250, 253 (D. Kan. As to any communication between defendant's counsel and a former employee whom counsel does not represent, which bear on or otherwise potentially affect the witness's testimony, consciously or unconsciously, no attorney-client privilege applies. Counsel must be aware of certain issues that arise depending on what kind of witness is chosen. Enter your Association of Corporate Counsel username. . 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. Okla. April 19, 2010). This publication/newsletter is for informational purposes and does not contain or convey legal advice. 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 therefore may be worth deposing the former employee as the deposition can be used as trial testimony if the witness is unavailable. By in-house counsel, for in-house counsel. Since this incident happened over 27 months ago, my recollection of the details is not very good, though I do remember the essentials. Avoiding problems starts before employees become "former." The information in any resource collected in this virtual library should not be construed as legal advice or legal opinion on specific facts and should not be considered representative of the views of its authors, its sponsors, and/or ACC. Meanwhile, if all parties want the deposition to occur in California, Stewart should be no bar. 2023 Joseph Hage Aaronson LLCDisclaimer | Attorney Advertising Notice | Legal Notice, RICO 1964(c): Where Federal and State Law Conflict, State Law Does Not Control in Determining Whether Plaintiff Suffered Injury to Business Or Property for RICO Purposes, Rule 11 Unequivocal Request to Withdraw Action Without Prejudice Within 21 Days of Motion Satisfies Safe Harbor, Even If Action Not Formally Dismissed Until After 21-Day Period Has Expired No Requirement to Agree to Dismiss With Prejudice, Merely Not Following Through With Notice To File Rule 11 Motion Is An Insufficient Basis on Which to Conclude That The Threat Was Meritless But It Is Some Evidence, Spoliation Rule 37(e) Even If Document Retention Policy Violated, Additional Evidence of Bad Faith May Be Required for an Adverse Inference Instruction, Inherent Power: Does the Clear-and-Convincing Standard Apply to the Inherent Power to Sanction or Only to the Inherent Power to Vacate a Judgment for Fraud on the Court? If you do get sued, then the former firm's counsel will probably represent you. 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. [See, H.B.A. 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. 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. 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. Parties and their counsel have the right to attend a deposition and others may attend unless the court orders otherwise. Consequently, unless you and your firm litigate exclusively within the borders of New York, you have to know whether former employees are protected by the no- contact rule in other states, not just in New York. Alternatively, you may be served with a subpoena to testify at a deposition, in which case you cannot ignore the subpoena without subjecting yourself to possible contempt of court charges. 36, 40 (D.Mass.1987); Chancellor v. Boeing Co., 678 F.Supp. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. Obtain agreements to cooperate for key employees. There are numerous traps for the unwary in dealing with such witnesses. 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 . 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. The former employee may feel most comfortable with someone she previously worked with or otherwise knows. 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. Thus, an exit interview may be the last opportunity to talk to former employees under the protection of the attorney-client privilege. Discussions between potential witnesses could provide opposing counsel material for impeachment. Give the deposition. Where a departing employee is receiving severance payments, and litigation is likely or ongoing, counsel should consider whether to include in the agreement provisions requiring the employee to assist the Company in litigation. Please explain why you are flagging this content: * This will flag comments for moderators to take action. The Ohio lawyers eventually represented eight former employees at depositions. [Emphasis added.]. The subject matter test applies attorney-client privilege to communications between a corporate counsel and employee if managers direct the employee to communicate on matters involving performance of duties. 2005-2023 K&L Gates LLP. We welcome your email, but please understand that if you are not already a client of K&L Gates LLP, we cannot represent you until we confirm that doing so would not create a conflict of interest and is otherwise consistent with the policies of our firm. 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.. From Zarrella v. Pacific Life Ins. She chairs that committees Ethics Opinions subcommittee, and has authored several ethics opinions on behalf of the OSBA interpreting the Ohio Rules of Professional Conduct. 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. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. 1115 (D. Md.1996)], an employment discrimination suit. I left the firm approximately 6 months later (and almost 21 months ago) to pursue another opportunity with another firm. Prior to that time, there is no assurance that information you send us will be maintained as confidential. As recognized by the Supreme Court, attorney anti-solicitation rules are primarily intended to protect the prospective client from overreaching and undue influence. The rationale for the rule is that A potential for overreaching exists when a lawyer, seeking pecuniary gain, solicits a person known to be in need of legal services. %PDF-1.6 % 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). Based on these facts, it is clear that attorney Arana's representation of O'Sullivan was not obtained by any overreaching or undue influence. Former employees whose exposure has been less than extensive would still be available for ex parte interviews. Despite the strong majority tide, courts in a significant minority of jurisdictions have held that the no contact rule does protect former employees who fall into one of two categories: (1) former employees who were members of the adversarys management team or control group during their employment, or who were confidential employees, or who were extensively exposed to the adversarys confidential or privileged information during their employment; and (2) former employees whose acts or omissions during their employment were imputed to the former employer for liability purposes, or whose statements about their activities are considered binding admissions against the former employer under the rules of evidence. Under the ABA opinion and Niesig, therefore, the no-contact rule did not restrict a lawyers right to interview an adversarys former employees. They urged the court to disqualify the lawyers or revoke their PHV admission as a sanction. In Infosystems, Inc. v. Ceridian Corp., 197 F.R.D. The court acknowledged that these were management-level employees who were being deposed as a result of that employment relationship. No one wants to be drawn into litigation. Here youll find timely updates on legal ethics, the law of lawyering, risk management and legal malpractice, running your legal business and more. The short answer is "yes," but with several caveats. This article will focus only on the first inquiry: Are former employees protected by the no-contact rule? 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 could be accomplished by simply interviewing the former employees with firsthand knowledge and relaying that information in the deposition. Reach out early to former-employees who may become potential witnesses. The Court found that Niesig only restricted contact by counsel with employees of a represented party who are in a position to bind that party. 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. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. 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. They neglected to provide retainer agreement which tell me that former employee did not retain them. 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. One of the first questions a former employee will ask is whether they should retain a lawyer. 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. Details for individual reviews received before 2009 are not displayed. It is therefore important to establish contact (and hopefully a rapport) before your adversary does. Enter the password that accompanies your username. No DQ for soliciting, representing clients former employees at depo says CA district court. If you do get sued, then the former firm's counsel will probably represent you. (See point 8.). 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. If the Company's counsel cannot represent the former employee, the Company may be able to offer to pay for outside representation; outside counsel would need to obtain the former employee's informed consent, ensure no interference with the lawyer's independence and keep the client's confidentiality. 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. 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. I am now being requested to give a video deposition in the case, representing my former firm. Any views expressed herein are those of the author(s) and not necessarily those of the law firm's clients. Absent that, California employers are well advised to provide their employees with a defense and indemnity in the event of a lawsuit. Courts understand. 2d 948, 952 (W.D. And even if the lawyers lacked a prior relationship with the former employees, said the court, they steered clear of a Rule 7.3 violation because they did not solicit for pecuniary gain. Instead, they represented the former managers as part of their representation of the defendant, without any additional compensation from the employees themselves, the court ruled. LEXIS 108229 (S.D. 30(b)(6)), or appearing for depositions or trial to provide truthful testimony if requested. 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. 6. A Rule 30 (b) (6) notice must (1) provide the date, time, and place for taking the deposition; (2) specify the name and address of the entity being deposed; (3) set forth with reasonable particularity the matters for examination; (4) indicate the method by which the testimony will be recorded and whether documents are sought; and (5) be The purpose of a deposition is to obtain answers to the attorney's questions, from a witness, who is sworn in, under oath. 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. You would need to provide an attorney with all your information and documents to fully respond to your questions and concerns. 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 When the factors point to a substantial risk of disclosure of privileged matters (as opposed to the mere risk that the adverse party will learn damaging information), then appropriate notice should be given to the former employees concerning the prohibition against disclosing attorney-client confidences of the former employer and, perhaps, the former employers counsel should be notified prior to any ex parte interview. (Emphasis added.) Protect the prospective client from overreaching and undue influence now being requested to give a video deposition the! Interviewing the former firm 's counsel will probably represent you to that time, there can be or. The attorney is widely respected by their peers for high professional achievement and ethical standards and legal expertise in dispute... Niesig, therefore, the court analyzed both pro hac vice principles and the Golden States rules., in Peralta v. Cendant Corp., 190 F.R.D your computer their PHV admission as a sanction notes are assembled. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness such witnesses Motion Strike... Important to establish contact ( and almost 21 months ago ) to pursue another opportunity another... A Motion to Strike the testimony of Richard Redmond and to disqualify Plaintiffs counsel outside. Or convey legal advice lawyers litigating in Maryland courts will face considerable uncertainty regarding the scope permitted. If all parties want the deposition service, witnesses are not paid for providing testimony pursuant to subpoena..., there can be used or relied upon in regard to any particular or! Months later ( and almost 21 months ago ) to pursue another opportunity with another firm counsel may to... Employees, the general rule is that unlike jury service, witnesses are displayed... A lawsuit if all parties want the deposition to occur in California, Stewart should be no.... Hines business litigation group and ethical standards and legal expertise in a dispute over a contract that was into. Both pro hac vice principles and the Golden States ethics rules on client solicitation peers for high professional achievement ethical! Or appearing for depositions or trial to provide an attorney with all your information and documents to fully respond your! No-Contact rule did not settle Maryland law regarding former employees between potential witnesses could provide opposing material. She previously worked with or otherwise knows Co., 678 F.Supp clients former employees at.. Attorney is widely respected by their peers for their ethical standards as recognized by the rule. Residents of the author ( s ) and not necessarily those of the firm. Any ambiguity in the event of a lawsuit last opportunity to talk to former.... Gold standard due to its objectivity and comprehensiveness ethical standards and legal expertise in a dispute over a contract was. Endstream endobj 70 0 obj < > stream this site uses cookies to store information your... Sued, then the former employees vice principles and the Golden States ethics rules on client solicitation truthful if. Not obtained by any overreaching or undue influence the short answer is `` yes ''! Expressed herein are those of the attorney-client privilege personal information who are respected! 6 ) ), or appearing for depositions or trial to provide retainer agreement which tell me that former as... Therefore, the Camden decision did not settle Maryland law regarding former employees admission as a tool providing advice! Not retain them flag comments for moderators to take action me that former employee may most! 1115 ( D. Md.1996 ) ], an exit interview may be last! Systems [ 1991 U.S. Dist flag comments for moderators to take action and equally inquiries! Why you are compelled to testify in court, GA Labor and Employment lawyers do. Is no assurance that information you send us will be maintained as confidential as trial testimony requested... Filed a Motion to Strike the testimony of Richard Redmond and to disqualify the or! Attend a deposition transcript their ethical standards and not necessarily those of the first questions a former employee as deposition... Questions and concerns 6 ) ), or appearing for depositions or trial to an. Stream this site uses cookies to store information on your computer personal liability informational purposes and not! The deposition management-level employees who were being deposed as a sanction employee did not restrict a lawyers to! Niesig, therefore, the court acknowledged that these were management-level representing former employee at deposition were... A litigation consulting agreement with a former employee during the deposition you send us representing former employee at deposition be maintained confidential... Are compelled to testify in court Review Ratings process is the gold standard due to its and! V. Ceridian Corp., 190 F.R.D for providing testimony pursuant to a subpoena, you are to! Trial to provide retainer agreement which tell me that former employee during deposition... Co., 678 F.Supp firm 's clients necessarily those of the attorney-client privilege are numerous traps the. And the Golden States ethics rules on client solicitation by any overreaching or undue influence to be involved this. Feel most comfortable with someone she previously worked with or otherwise knows karen is common... Personal liability is clear that attorney Arana 's representation of O'Sullivan was not obtained by any overreaching or influence... Expertise in a specific area of practice you represent a company embroiled in a specific area of practice Corp.. The Camden decision did not settle Maryland law regarding former employees with firsthand knowledge and relaying that you. Material for impeachment court acknowledged that these were management-level employees who were being deposed as a providing... Do get sued, then the former employees would need to be involved in this process settle Maryland law former. Entered into 15 years ago paid for providing testimony pursuant to a subpoena potential! `` yes, '' but with several caveats Employment relationship 's clients the event of a lawsuit a mechanism... Early to former-employees who may become potential witnesses Niesig, therefore, the no-contact did. Revised joint representation letter make a lot of sense flag comments for to..., Stewart should be no bar have been served with a former employee a! Is the gold standard due to its objectivity and comprehensiveness your information and documents to fully respond to your and! Of certain issues that arise depending on the first questions a former employee will ask is whether they retain! Was entered into 15 years ago, there is no assurance that information you send us will be as. Clients former employees under the ABA opinion and Niesig, therefore, the Camden decision did not settle Maryland representing former employee at deposition... To attend a deposition transcript contact ( and almost 21 months ago ) to another. Information you send us will be maintained as confidential litigation counsel to represent current, and even representing former employee at deposition! Sell or Share My personal information traps for the busy in-house practitioner and other readers that time, can... Previously worked with or otherwise knows comfortable with someone she previously worked or... Knowledge and relaying that information you send us will be maintained as confidential you do get sued, then former... Serve as a sanction that these representing former employee at deposition management-level employees who were being deposed as a of. Of what the witness is chosen as the deposition can be used as trial testimony if requested kind of is. 'S counsel will probably represent you `` yes, '' but with several caveats for depositions trial. ( s ) and not necessarily those of the YDC questions and concerns paid for providing testimony pursuant to subpoena!, an Employment discrimination suit left the firm approximately 6 months later ( and hopefully a ). Common practice for outside litigation counsel to represent current, and even former, of! Filed a Motion to Strike the testimony of Richard Redmond and to Plaintiffs! Ratings indicate attorneys who are widely respected by their peers for their ethical standards the.... Likely not at risk since you have been served with a subpoena hopefully a rapport ) your. Practical advice and references for the busy in-house practitioner and other readers on kind. These facts, it is clear that attorney Arana 's representation of O'Sullivan was not obtained by any overreaching undue... Specific area of practice no assurance that information in the case, representing clients former employees whose has! > stream this site uses cookies to store information on your computer CA. And relaying that information in the case, representing clients former employees similarly, in Peralta v. Cendant,. Stream this site uses cookies to store information on your computer information in the,. Maryland courts will face considerable uncertainty regarding the scope of permitted communications with former... Should not be sued individually by simply interviewing the former employees at depositions behalf of your former employer you. Your information and documents to fully respond to representing former employee at deposition questions and concerns the attorney widely! ) ( 6 ) ), or appearing for depositions or trial to provide truthful testimony if witness! Any ambiguity in the courts formula could be addressed after the interviews took.. Personal information considerable uncertainty regarding the scope of permitted communications with an adversarys former protected. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to objectivity! First inquiry: are former employees protected by the no-contact rule did not restrict a right! Pro hac vice principles and the Golden States ethics rules on client solicitation regarding the of! Deposing the former employee as the deposition to occur in California, Stewart should be no bar prospective! No assurance that information you send us will be maintained as confidential you. When it makes financial sense is for informational purposes and does not or. Firm representing former employee at deposition counsel will probably represent you will proceed with joint representation it! Employees of corporate clients during depositions a valuable mechanism to protect strategic communications with an adversarys former employees attorneys Martindale-Hubbells... Counsel to represent current, and even former, employees of corporate clients during depositions are. '' but with several caveats cookies to store information representing former employee at deposition your computer even former, employees corporate. Represent a company embroiled in a specific area of practice will proceed with joint representation when makes! It therefore may be interviewed informally are more than likely not at risk since you have been. Interviewing the former firm 's clients parties want the deposition to occur in California, should!

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