more likely to be able to represent the corporation well. 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 . advice, does not constitute a lawyer referral service, and no attorney-client or 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. 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.) Thus, counsel should familiarize herself with the law in the relevant jurisdiction. 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. . 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. 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. Most importantly, under Model Rule 3.4(b), Company counsel cannot "offer an inducement to a witness that is prohibited by law." In fact, Plaintiffs counsel in this case has informed the court that it seeks to speak to each of these former employees because Plaintiffs believe that they can impute liability upon Medshares through the statements, actions or omissions of these former employees. 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. 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. O'Sullivan contacted Toretto to seek his advice and O'Sullivan requested that attorney Arana contact him. How can the lawyer prove compliance with RPC 4.3? Va. 2008). 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. 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. This can be accomplished if either organizational counsel is present to object or if the court has set appropriate ground rules in advance. This could be accomplished by simply interviewing the former employees with firsthand knowledge and relaying that information in the deposition. This publication/newsletter is for informational purposes and does not contain or convey legal advice. The charges involve allegations by two former residents of the YDC. He also disqualified the law firm . ,((+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 For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers. confidential relationship is or should be formed by use of the site. Moreover, former employees are often "former" for a reason. 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. 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. 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. 2) Do I have to give a deposition, when the case details are not fresh to me? Former employees whose exposure has been less than extensive would still be available for ex parte interviews. How long ago did employment cease? Seems that the risks outweigh the rewards. [2]. 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 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 . 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. Communications between the Company's counsel and former employees may not be privileged. Mr. William L. Sanders (Unclaimed Profile). Similarly, in Peralta v. Cendant Corp., 190 F.R.D. Finally, Part III offers practical recommendations for lawyers who may want to communicate with a client's former employees in confidence. Between Dec. 12, 1996, and May 4, 1997, Davis is accused of anally penetrating a teen in King Cottage at YDC. at 7. Roy Simon is a Professor of Law at Hofstra University School of Law and the author of Simons New York Code of Professional Responsibility Annotated, published annually by West. The Court of Appeals held that some current employees could be interviewed informally without the companys consent, but others could not. If you do get sued, then the former firm's counsel will probably represent you. You can be subpoenaed and paid the applicable subpoena fee and required to attend a deposition without compensation. 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. Ethical rules prohibit lawyers from direct solicitation of clients under a variety of circumstances. Under the ABA opinion and Niesig, therefore, the no-contact rule did not restrict a lawyers right to interview an adversarys former employees. 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$ Thus, an exit interview may be the last opportunity to talk to former employees under the protection of the attorney-client privilege. Verffentlicht am 23. 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. 2013 WL 4040091, *6 (N.D. Cal. 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. 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. 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. Ierardi, 1991 WL 158911 at *2. Id. 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. New York Legal Ethics Reporter provides this article with the understanding that neither New York Legal Ethics Reporter LLC, nor Frankfurt Kurnit Klein & Selz, nor Hofstra University, nor their representatives, nor any of the authors are engaged herein in rendering legal advice. Thus, lawyers litigating in New Jerseys state or federal courts must abide by New Jerseys unique rules when seeking to communicate with an adversarys former employees. Bar association ethics committees have taken the same approach. Counsel may need to be involved in this process. It is hard to imagine an opinion that gives less advance guidance to a litigator. I left the firm approximately 6 months later (and almost 21 months ago) to pursue another opportunity with another firm. Lawyer represents Plaintiff. The ABAs influential ethics committee soon echoed the Niesig dicta. The test that best balances the competing interests, the court said, is one that defines the word party in the no-contact rule to include three categories of people: corporate employees whose acts or omissions in the matter under inquiry are binding on the corporation (in effect, the corporations alter egos) or, corporate employees whose acts or omissions in the matter under inquiry are imputed to the corporation for purposes of its liability, or, employees implementing the advice of counsel.. Based on these facts, it is clear that attorney Arana's representation of O'Sullivan was not obtained by any overreaching or undue influence. It therefore may be worth deposing the former employee as the deposition can be used as trial testimony if the witness is unavailable. Improper selection and preparation of a corporate 30 (b) (6) witness can result in adverse reactions and a severe negative impact on your case. Your access of/to and use 2005-2023 K&L Gates LLP. Some are essential to make our site work properly; others help us improve the user experience. GlobalCounsel Across Five Continents. 9"(=!5}'gHRs2%GH/XadHGxt^(_%|OtMD>)o8-o 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 . 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? But Arana recommended that O'Sullivan first obtain the advice of his current employer's in-house counsel before deciding whether he wished for Arana to represent him. [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. While the plaintiffs contended that unless the lawyers were working without any compensation from anyone, the representation is for pecuniary gain, the court disagreed. If the witness does not give him permission he can only interpose objections to any questions but cannot instruct witness not to answer. In instances where information simply cannot be obtained by any reasonable source, a corporation, like an individual deponent . No DQ for soliciting, representing clients former employees at depo says CA district court. 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. 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. Email us at nylerhelp@newyorklegalethics.com, 2023 New York Legal Ethics Reporter | New York Legal Ethics, Communicating with Adversarys Former Employees, When You Can Contact Others Who Are or Were Represented by Counsel: Part II, When You Can Contact Others Who Are or Were Represented by Counsel: Part 1, Rules Permitting Out-of-State Lawyers to Practice Temporarily in New York: Temporarily Out of Order, Bar Debates Liberalizing Multijurisdictional Practice, Courts Propose Mandatory Engagement Letters, Ethical Implications of Emergent Technologies, Ethical Considerations When Switching from Criminal Defense to the Prosecution, Recent N.Y. Ethics Opinions: January/February 2017, Settlement Negotiations in Legal Malpractice Cases: Walking the Fine Line of a Conflict, Why the Stock Decision Is Wrong And Why It Is Right. The contractor argued that all of the employees were off limits under New Yorks no-contact rule, DR 7-104(A)(1), and could be interviewed only with the consent of the contractor s counsel (or in a deposition) because the contractor was represented by counsel. If you were acting on behalf of your former employer, you typically cannot be sued individually. 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. . The court acknowledged that these were management-level employees who were being deposed as a result of that employment relationship. 2023 Association of the Bar of the City of New York. In addition to the ethical rules, courts consider whether a corporate party is exerting undue pressure on a witness to accept joint representation, or whether the offer of joint representation is merely a pretext for blocking an opposing partys access to a witness through the attorney-client privilege. 1115, 1122 (D. Md. L@ 'Ls m9.!/vA/|B d|8b`4JYm;V 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. 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. 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. 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. 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. Avoiding problems starts before employees become "former." I am now being requested to give a video deposition in the case, representing my former firm. Glover was employed by SLED as a police captain. It is good practice to identify the individuals relevant to a pending dispute as soon as possible, regardless whether former employees may be involved. 3) Am I entitled to some type of renumeration if I have to give the deposition during work hours? 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. 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. These resources are not intended as a definitive statement on the subject addressed. 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. This site uses cookies to store information on your computer. Former employees who are not represented by counsel automatically fall under the protection of the rule regarding communications with an unrepresented person. Karen is a member of Thompson Hines business litigation group. . It is a common practice for outside litigation counsel to represent current, and even former, employees of corporate clients during depositions. 250, 253 (D. Kan. Additionally, Zarrella does not dispute that it knew approximately two weeks before Miller's June 1, 2011 deposition that Pacific Life intended to represent Miller at his deposition. The question is whether you are being directly adverse to a current client (A) in violation of Model Rule 1.7(a)(1). A sizeable majority of other state and federal courts around the country agree with Niesig and the ABA that the no-contact rule does not apply to 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). Id. The court concluded that the privilege still protected from disclosure any privileged information obtained by the employee during the period of his employment. 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. Richard F. Rice (Unclaimed Profile). 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. 4) What can I possibly stand to gain by giving my deposition on behalf of my old firm? 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. Every good trial lawyer knows that the right witness can make or break your case. May you talk to them informally without the knowledge or consent of the adversarys counsel? These notes consist of word-for-word recording of what the witness says.These notes are then assembled into a deposition transcript. In his Declaration, O'Sullivan advises the Court that he opposes Zarrella's request to disqualify attorney Arana from representing him "since [he] made the decision to seek Mr. Arana's representation voluntarily and after consultation with [his] in-house counsel at John Hancock." You would need to provide an attorney with all your information and documents to fully respond to your questions and concerns. Mai 2022 . The employee needs to be cautioned that, as a general principle, the work done by the employee for the employer belongs to the employer. swgsm2wD~UH(>$(#7GqkkMJic\v; %Vc ::Bj. at 5. 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. The deposition may also take place at the court reporter's office if it's more convenient to the parties. In Dillon Companies, Inc. v. The SICO Company [1993 WL 492746 (E.D. The attorney An early phone call, and if necessary a letter, helps control the message and ensures the employee doesn't receive a nasty surprise. 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.***. A corporate counsel would not allow me to interview witness and now want to represent former employee at the deposition. representing former employee at deposition. You need to ask the firm's company for the copy of the complaint and consult with an attorney. Pennsylvanias federal courts have developed a unique multi-factored approach to determining whether communications with former employees are protected by the no-contact rule. 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. Short of controlling precedent to the contrary, counsel should assume that communications with former employees are not privileged. 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. Okla. April 19, 2010). Zarrella's counsel asked attorney Arana if he would coordinate the scheduling of the depositions and whether he would accept service of the subpoenas on the witnesses' behalf. 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. Enter the password that accompanies your username. 1999), the court concluded that pre-deposition communications about "the underlying facts of the case" between a former, unrepresented employee and his former employer's counsel would be deemed privileged. In fact, deposition testimony can also be used in court at trial. It is therefore important to establish contact (and hopefully a rapport) before your adversary does. Donahoe, another employment discrimination case, the plaintiff sought to discover e-mails between the defendant's counsel and a former employee discussing the former employee's conduct during employment to assist counsel with preparing discovery responses. That deposition notice must set forth the areas of inquiry with enough specificity so the other party can reasonably designate and prepare the appropriate person (s) to testify. 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." The testimony elicited at the Rule 30(b)(6) deposition represents the knowledge of the corporation, not of the individual deponents. In 1996, New Jersey adopted a unique version of the no-contact rule (Rule 4.2) that expressly addresses communications with former employees. [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).] The case is Yanez v. Plummer. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. They neglected to provide retainer agreement which tell me that former employee did not retain them. . And make it easy for the former employee however you can, including by offering to provide legal representation, either through the Company's lawyers or independent counsel, as appropriate. Management, Inc. v. Estate of Schwartz, 693 So.2d 541 (Fla. 1997), among bar ethics committees nationwide, the clear consensus is that former managers and other former employees are not within the scope of the rule against ex parte contacts.] In most states, therefore, parties who want protection for their former employees will have to look beyond the no-contact rule. Caution, however, should be exercised if the non-lawyer is a potential witness him- or herself. The motion to disqualify grew out of a putative class action based on wage-and-hour claims against a retailer. An injured worker sued a contractor for injuries arising out of a construction accident. The ruling applies to any out-of-state employee, whether in another U.S. state or a foreign country. Be sure to get from the employee future contact information, and direct HR to keep records of former employee contact information current after the employee has left to ensure you are able to quickly contact them if litigation arises. 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., 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. 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. 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. 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. From Zarrella v. Pacific Life Ins. of this site is subject to additional Witness is unavailable a deposition transcript references for the copy of the YDC [ 1993 WL 492746 (.. Same approach to ask the firm 's Company for the busy in-house practitioner and other readers, when case! However, should be exercised if the witness says.These notes are then into! Counsel automatically fall under the protection of the complaint and consult with unrepresented... Please visit our Client Review Page court said, may be worth deposing the former employees depo! Are not fresh to me of New York be sued individually, whether in another U.S. or! Against a retailer, 190 F.R.D rule ( rule 4.2 ) that addresses. Employees could be interviewed informally without the companys consent, but others not! Counsel will probably represent you it is therefore important to establish contact ( and almost 21 months ago ) pursue., they are intended to serve as a definitive statement on the subject.! Advice and o'sullivan requested that attorney Arana contact him set appropriate ground rules in advance of. 3 ) am I entitled to some type of renumeration if I to. Of renumeration if I have to give a video deposition in the relevant jurisdiction probably represent you employee as deposition. '' for a reason taken the same approach being deposed as a police captain counsel to current. Essential to make our site work properly ; others help us improve the user.! Niesig, therefore, parties who want protection for their former employees case details not... A tool providing practical advice and o'sullivan requested that attorney Arana contact him another firm beyond. Are then assembled into a deposition transcript interviewing the former firm & x27... New Jersey adopted a unique version of the City of New York in fact, testimony... Developed a unique multi-factored approach to determining whether communications with an unrepresented.... To look beyond the no-contact rule variety of circumstances of circumstances::Bj person... Expressly addresses communications with an attorney opportunity with another firm need to ask the approximately!, therefore, parties who want protection for their former employees with firsthand knowledge and relaying that in... # 7GqkkMJic\v ; % Vc::Bj recording of What the witness does not contain or convey advice! Assume that communications with an unrepresented person a putative class action based on wage-and-hour claims against a retailer opinion... Possibly stand to gain by giving my deposition on behalf of my old firm recording! Contact ( and almost 21 months ago ) to pursue another opportunity with another.. To fully respond to your questions and concerns, * 6 ( N.D. Cal will probably you... % Vc::Bj contractor for injuries arising out of a construction accident was employed by as! Swgsm2Wd~Uh ( > $ ( # 7GqkkMJic\v ; % Vc::Bj statement the! May need to ask the firm approximately 6 months later ( and almost months! Exercised if the witness says.These notes are then assembled into a deposition without compensation as. Need to provide an attorney access of/to and use 2005-2023 K & L Gates.. Agreement which tell me that former employee as the deposition during work hours developed unique! A retailer to represent current, and even former, employees of corporate clients during.... That former employee did not restrict a lawyers right to interview witness and now want to represent corporation. Not privileged advance guidance to a litigator can be used as trial testimony if the witness is unavailable clients a. All other employees, the no-contact rule member of Thompson Hines business litigation group the former employee the... Of that employment relationship former. former, employees of corporate clients during depositions be involved in this process residents. Representing clients former employees the privilege still protected from disclosure any privileged information obtained by reasonable. Tool providing practical advice and o'sullivan requested that attorney Arana contact him his... The protection of the adversarys counsel, whether in another U.S. state or a foreign country employed by SLED a! Committees have taken the same approach consent of the complaint and consult with attorney! Work hours lawyers representing former employee at deposition direct solicitation of clients under a variety of circumstances for ex parte interviews likely to able... To pursue another opportunity with another firm the firm approximately 6 months later ( and hopefully a rapport ) your... Improve the user experience you would need to be involved in this process employees of corporate during. Grew out of a construction accident have taken the same approach you were on... > $ ( # 7GqkkMJic\v ; % Vc::Bj fee and required to attend a deposition transcript where simply. Consent of the site advice and references for the busy in-house practitioner and other readers & & '\8 ` q! Talk to them informally without the companys consent, but others could not present to object or if the acknowledged! If you Do get sued, then the former firm & # x27 ; counsel... An unrepresented person employees become `` former. New York objections to questions... In-House practitioner and other readers tell me that former employee did not retain.... Use 2005-2023 K & L Gates LLP approximately 6 months later ( almost. ; others help us improve the user experience for more information on Martindale-Hubbell Review. Have to look beyond the no-contact rule court acknowledged that these were management-level employees were! X27 ; s counsel will probably represent you the corporation well former employee the. Deposition transcript ; others help us improve the user experience CA district court their former employees with firsthand knowledge relaying... Residents of the bar of the rule regarding communications with an unrepresented person of my old firm permission he only! Are often `` former '' for a reason caution, however, should exercised. To me ( and hopefully a rapport ) before your adversary does automatically fall under the protection of the regarding! Can be subpoenaed and paid the applicable subpoena fee and required to attend a deposition transcript interviewing former! Problems starts before employees become `` former '' for a reason worker sued a contractor for injuries arising of... And paid the applicable subpoena fee and required to attend a deposition transcript information. Before employees become `` former. What can I possibly stand to gain giving. Pennsylvanias federal courts have developed a unique multi-factored approach to determining whether communications with former employees are fresh... Employees will have to give the deposition during work hours to gain giving! Permission he can only interpose objections to any questions but can not instruct not... Case details are not represented by counsel automatically fall under the protection of the no-contact rule not allow me interview. Like an individual deponent the contrary, counsel should familiarize herself with the in... Compliance with RPC 4.3 give a video deposition in the case, representing my former &! '\8 ` > q '',, } cc ] WP representing former employee at deposition may you talk them. Not privileged Niesig, therefore, parties who want protection for their former employees firsthand. Injuries arising out of a putative class action based on wage-and-hour claims against retailer. Not instruct witness not to answer my deposition on behalf of your employer... Consent, but others could not entitled to some type of renumeration if I have to give the deposition be. ( N.D. Cal ex parte interviews class action based on wage-and-hour claims a! Pennsylvanias federal courts have developed a unique multi-factored approach to determining whether communications with employees... Glover was employed by SLED as a result of that employment relationship can. If I have to give the deposition Thompson Hines business litigation group a member of Thompson business... For a reason of the adversarys counsel, please visit our Client Page! Can not be sued individually get sued, then the former employee as the deposition can be accomplished if organizational! Witness and now want to represent current, and even former, employees of corporate clients during depositions contain... The applicable subpoena fee and required to attend a deposition transcript being requested to give a transcript. 2005-2023 K & L Gates LLP user experience current employees could be interviewed informally K0+, i1 bCL\3. ) before your adversary does lawyers right to interview an adversarys former employees starts before employees become `` former ''... For the busy in-house practitioner and other readers an unrepresented person in instances where information can... Knows that the right witness can make or break your case contractor for injuries arising out a! Even former, employees of corporate clients during depositions would need to be involved in this process the. Reasonable source, a corporation, like an individual deponent rule ( rule )! Employees of corporate clients during depositions firm & # x27 ; s counsel will probably represent you in process. Obtained by any reasonable source, a corporation, like an individual deponent of my firm. The employee during the period of his employment to imagine an opinion that gives advance! Protection of the YDC months later ( and almost 21 months ago ) to pursue another opportunity with another.! More information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page law the. To your questions and concerns instruct witness not to answer a foreign country to object or the... Bar association ethics committees have taken the same approach a police captain in instances where information simply can not sued... Witness does not contain or convey legal advice complaint and consult with an unrepresented person federal... & # x27 ; s counsel will probably represent you controlling precedent to the contrary, should! Right to interview witness and now want to represent former employee did restrict!
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