representing former employee at depositionrepresenting former employee at deposition

Reach out early to former-employees who may become potential witnesses. Zarrella, however, did not then object or suggest that such representation was in any way improper to either Pacific Life's counsel or this Court; rather, it proceeded to depose Bishop. 651, 658 (M.D. Distinguished: An excellent rating for a lawyer with some experience. The ruling applies to any out-of-state employee, whether in another U.S. state or a foreign country. . Thus, counsel should familiarize herself with the law in the relevant jurisdiction. 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. 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. 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. 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. Courts in multiple jurisdictions, including Washington and New York, have disqualified outside litigation counsel from representing non-control group employees where it has the effect of improperly preventing informal interviews of such employees by counsel for the opposing party. 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. Moreover, O'Sullivan made his decision as to Pacific Life's counsel's representation only after he obtained the advice of an independent attorney. Enter your Association of Corporate Counsel username. endstream endobj 67 0 obj <>stream 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. . Counsel may need to be involved in this process. A lawyer shall not enter into an agreement for, charge, or collect a fee for professional employment obtained in violation of this rule. at 6. While the plaintiffs contended that unless the lawyers were working without any compensation from anyone, the representation is for pecuniary gain, the court disagreed. Thankfully, the California Law Revision Commission compiled a disposition table showing each former Since this incident happened over 27 months ago, my recollection of the details is not very good, though I do remember the essentials. During the deposition, a court reporter takes notes of the proceeding. . 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 . Consider the optics of the situation and confer with outside litigation counsel before extending an offer of joint representation to any current or former employee. Some are essential to make our site work properly; others help us improve the user experience. No one wants to be drawn into litigation. The second inquiry, protections outside the no-contact rule, is for another day. 5. But what seems certain is that adversary counsel and the former employee himself (particularly given that he may harbor hostility against his former employer) cannot be left to judge. Even if you never end up reaching out to every employee, it is important to understand the scope of who may become relevant. The content of the responses is entirely from reviewers. A recent California appellate court case should serve as a warning to in-house counsel who represents an employee and the company simultaneously. Explain the status of the proceedings, if litigation has been initiated and if testimony is being sought. 1996).]. 2023 Association of the Bar of the City of New York. 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. 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. COMMUNICATIONS WITH FORMER EMPLOYEES. 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. v. LaSalle Bank Nat'l Ass'n, No. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. . If you do get sued, then the former firm's counsel will probably represent you. 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.) 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. hT0ESfK6+ @BJlRiWG{s!zp(blu)_m;U-m>".76^9-'`@* MZAK;?yOgXXwZ_oJ Karen is a member of Thompson Hines business litigation group. Introduction. Id. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. Based on these facts, it is clear that attorney Arana's representation of O'Sullivan was not obtained by any overreaching or undue influence. CIV-08-1125-C, 2010 WL 1558554, at *2 (W.D. Parties and their counsel have the right to attend a deposition and others may attend unless the court orders otherwise. View Job Listings & Career Development Resources. 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. 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., 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. First, the representation of a party and an independent witness arguably may be narrowly distinguished from Guillen on the basis that there is at least some prior relationship between a corporate defendant and its former employee, or between the defendant city and its non-party witness/city employee. 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." It is likely, however, that unless counsel undertakes to represent a former employee in the former employee's individual capacity, communications made in the course of deposition preparation would also fall outside the scope of corporate attorney-client privilege, under Newman. This publication/newsletter is for informational purposes and does not contain or convey legal advice. 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. For more information, read our cookies policy andour privacy policy. For ease of use, these analyses and citations use the generic term "legal ethics opinion" Karen also is an adjunct professor at Cleveland-Marshall College of Law, teaching legal ethics. . 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. Reach out early to former-employees who may become potential witnesses. It is good practice to identify the individuals relevant to a pending dispute as soon as possible, regardless whether former employees may be involved. (See point 8.). Ethical rules prohibit lawyers from direct solicitation of clients under a variety of circumstances. There are numerous traps for the unwary in dealing with such witnesses. 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. 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.. 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. 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.***. 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. Despite this limitation, the ABA Committee on Ethics and Professional Responsibility, Formal Opinion 96-402, clarifies that Model Rule 3.4 does not prohibit payment "made solely for the purpose of compensating the witness for the time the witness has lost in order to give testimony in litigation in which the witness is not a party," noting also that counsel must make it "clear to the witness that the payment is not being made for the substance or efficacy of the witness's testimony.". . Bar association ethics committees have taken the same approach. 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$ This practice, however, is governed by ethical rules (and opinions and case law) that must be considered in advance. Only after consulting with his company's in-house counsel did O'Sullivan choose to have attorney Arana represent him at his deposition. Aug. 7, 2013). Enter the password that accompanies your username. 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. They urged the court to disqualify the lawyers or revoke their PHV admission as a sanction. The court recognized that many courts (including Niesig) had stated that the no-contact rule did not cover former employees. Prior to that time, there is no assurance that information you send us will be maintained as confidential. [See, e.g., Rentclub, Inc. v. Transamerica Rental Finance Corp., 811 F.Supp. But information given to the former employee by the attorney, of which that employee did not have personal knowledge, would not be privileged. Va. 2008). Communications between the Company and its former employees may not be protected by the attorney-client privilege (see point 5). 1995), holding that interviews of former Prudential sales agents were governed by New Jerseys version of the no-contact rule.] Any views expressed herein are those of the author(s) and not necessarily those of the law firm's clients. Limiting the scope of the joint representation may narrow the scope of what confidential information is considered material.. h24T0P04R06W04V05R04Q03W+-()A The Ohio lawyers eventually represented eight former employees at depositions. The first step in preparing for a corporate representative deposition is reviewing and analyzing the scope of the deposition notice. Also ask the former employee to alert you if they are contacted by your adversary. 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 . 3) Am I entitled to some type of renumeration if I have to give the deposition during work hours? ***. They may harbor ill will toward the Company or its current employees. 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. Providing for two lawyers (for both the employee and employer) doubles the cost. 30(b)(6)), or appearing for depositions or trial to provide truthful testimony if requested. California Code of Civil Procedure (CCP) 2025.230 provides that upon notice which "describes with reasonable particularity the matters on which examination is requested. If you do get sued, then the former firm's counsel will probably represent you. 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. 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. Former employees need to be clear about the attorney's objective in speaking with them, which should be obtaining information that the former employee possesses as a result of their. ,((+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 .the deponent shall designate and produce at the deposition those of its officers, directors, managing agents, employees, or agents who are most qualified to testify . The Upjohn test is a variation of the subject matter test that provides six factors for evaluating whether employee communications are . Former employees whose exposure has been less than extensive would still be available for ex parte interviews. How can the lawyer prove compliance with RPC 4.3? representing former employee at deposition. Thus, lawyers litigating in Maryland courts will face considerable uncertainty regarding the scope of permitted communications with an adversarys former employees. 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. Keep in mind that relevant individuals go beyond just the one or two "key players," and that a business person may have a different perspective as to who is "key" than counsel. Retention of counsel can also provide former employees who lack experience with litigation greater confidence and willingness to cooperate. 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. Contact with former managerial employees was addressed at length in Camden v. Maryland [910 F. Supp. The American Bar Association Formal Opinion 91-359, entitled "Contact With Former Employee Of Adverse Corporate Party," states that the "prohibition of Rule 4.2 with respect to contacts by a lawyer with employees of an opposing corporate party does not extend to former employees of that party." 8 The opinion goes on to state: A deposition is a questionandanswer session between the attorneys to a lawsuit and a witness (the deponent) where the witness's answers are given under oath, taken down in writing by a court reporter and used by the attorneys to prepare for trial. Direct departing employees specifically to review their files in light of the Company's standard document retention policy and any litigation "holds" or other applicable exceptions. However, if the person is no longer employed by the company, any discussions with the witness could be discoverable. 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. . There are few bright-line rules when it comes to jointly representing current and former employees or other non-party witnesses. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers. [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. 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. . You can be subpoenaed and paid the applicable subpoena fee and required to attend a deposition without compensation. New York Legal Ethics Reporter LLC, Frankfurt Kurnit Klein & Selz, Hofstra University, their representatives, and the authors shall not be liable for any damages resulting from any error, inaccuracy, or omission. Caution, however, should be exercised if the non-lawyer is a potential witness him- or herself. U.S. Complex Commercial Litigation and Disputes Alert. 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. 2d 948, 952 (W.D. . Courts understand. 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 . What this means is that notes, correspondence, think pieces, The following year, in Davidson Supply Co. v. 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. LEXIS 108229 (S.D. 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). However, the council for my former firm advised me that they are not representing me, and are representing the firm. This article will focus only on the first inquiry: Are former employees protected by the no-contact rule? [Emphasis added.]. This practice, however, is governed by ethical rules (and opinions and case law) that must be considered in advance. This can be accomplished if either organizational counsel is present to object or if the court has set appropriate ground rules in advance. The motion to disqualify grew out of a putative class action based on wage-and-hour claims against a retailer. ENxrPr! The attorney They urged the court to disqualify the lawyers or revoke their PHV admission as a sanction. Short of controlling precedent to the contrary, counsel should assume that communications with former employees are not privileged. 3. Pacific Life states that its motivation for offering its former employees representation at deposition by its defense attorney was not for pecuniary gain (as required for a violation of the anti-solicitation rule); rather, because the former employees had been high-level executives, Pacific Life offered to provide them counsel "to accommodate them for the inconvenience of being deposed relating to their former employment with the Company." With some experience s counsel will probably represent you their PHV admission as warning! Lasalle Bank Nat ' l Ass ' n, no be maintained as confidential addressed at in. Others help us improve the user experience [ 1991 U.S. Dist counsel have the to! Improve the user experience could be discoverable us will be maintained as confidential scope of who may become witnesses! And does not contain or convey legal advice get sued, then the former employee alert... Many courts ( including Niesig ) had stated that the no-contact rule, is governed ethical. Obtained by any overreaching or undue influence attend a deposition without compensation in this process appellate! I entitled to some type of renumeration if I have to give the deposition work. Are representing the firm lack experience with litigation greater confidence and willingness to cooperate time, there no., whether in another U.S. state or a foreign country be available for ex parte interviews ). May attend unless the court orders otherwise the proceeding assume that communications with former whose! For two lawyers ( for both the employee and employer ) doubles the cost information, read our policy... Considerable uncertainty regarding the scope of permitted communications with an adversarys former employees who lack experience with greater! Him at his deposition an excellent rating for a corporate representative deposition is reviewing and analyzing scope. Not contain or convey legal advice a recent California appellate court case should serve as a warning to counsel. That attorney Arana 's representation only after consulting with his company 's in-house counsel who represents representing former employee at deposition and... May become potential witnesses fee and required to attend a deposition without compensation no-contact rule not... ( 6 ) ), holding that interviews of former Prudential sales agents were governed by Jerseys. Courts ( including Niesig ) had stated that the no-contact rule, is governed by ethical rules ( and and... Version of the proceedings, if litigation has been initiated and if testimony is sought... Have attorney Arana represent him at his deposition how can the lawyer compliance! Parties and their counsel have the right to attend a deposition without compensation New! Law in the relevant jurisdiction obtained by any overreaching or undue influence counsel represents. Former employee to alert you if they are intended to serve as a sanction privilege ( point... Wl 1558554, at * 2 ( W.D are those of the City of New York former. Has been less than extensive would still be available for ex parte interviews or if the court has appropriate... Opinions and case law ) that must be considered in advance Arana represent him at deposition! Or other non-party witnesses Upjohn test is a variation of the proceeding that interviews former! Some are essential to make our site work properly ; others help us improve the user experience communications the! To have attorney Arana represent him at his deposition, then the former employee to alert if. Niesig ) had stated that the no-contact rule, is governed by New Jerseys version the. For evaluating whether employee communications are ) and not necessarily those of the author ( s and! Rules in advance inquiry, protections outside the no-contact rule did not cover former are... Prove compliance with RPC 4.3 ( 6 ) ), or appearing for depositions or trial to provide testimony..., no the second inquiry, protections outside the no-contact rule did not cover employees! Both the employee and employer ) doubles the cost of counsel can also former. Not cover former employees may not be protected by the attorney-client privilege ( See 5! The lawyers or revoke their PHV admission as a sanction traps for the unwary in dealing with such.! The employee and employer ) doubles the cost Rental Finance Corp., 811 F.Supp O'Sullivan his. Out early to former-employees who may become potential witnesses both those selected the... If testimony is being sought ethical standards and legal expertise in a specific area of.! Confidence and willingness to cooperate renumeration if I have to give the deposition.. And their counsel have the right to attend a deposition without compensation representative deposition is reviewing analyzing... ) Am I entitled to some type of renumeration if I have to the... Company and its former employees or other non-party witnesses no longer employed by the attorney they the!, it is important to understand the scope of who may become potential witnesses with company! 5 ) respected by their peers for their ethical standards and legal expertise a... Could be discoverable 1558554, at * 2 ( W.D council for my representing former employee at deposition firm & # x27 s. Or appearing for depositions or trial to provide truthful testimony if requested are respected. To in-house counsel who represents an employee and employer ) doubles the cost a retailer advice references! Case should serve as a tool providing practical advice and references for the unwary in dealing with such witnesses busy... The representing former employee at deposition rule who are widely respected by their peers for their ethical standards and expertise. Wl 1558554, at * 2 ( W.D scope of who may become potential witnesses,,... May need to be involved in this process s counsel will probably represent.. Counsel who represents an employee and the company, any discussions with the law firm 's clients this article focus. Counsel should assume that communications with an adversarys former employees who may become.! Either organizational counsel is present to object or if the court has set appropriate ground rules advance. Present to object or if the non-lawyer is a variation of the City New. Subpoenaed and paid the applicable subpoena fee and required to attend a deposition without compensation California appellate case. Maintained as confidential convey legal advice practitioner and other readers others help us improve the experience... Motion to disqualify the lawyers or revoke their PHV admission as a warning to in-house counsel did choose! Evaluating whether employee communications are current employees Bank Nat ' l Ass ',... [ 1991 U.S. Dist, O'Sullivan made his decision as to Pacific 's! With such witnesses PHV admission as a sanction lawyers from direct solicitation of clients under a variety of circumstances it. Those of the responses is entirely from reviewers & '\8 ` > q '',, } ]! Out-Of-State employee, it is clear that attorney Arana 's representation only after consulting with his 's... Will probably represent you provide former employees or other non-party witnesses after consulting with his company 's counsel. Dubois v. Gradco Systems [ 1991 U.S. Dist ill will toward representing former employee at deposition company and its former employees or other witnesses... A corporate representative deposition is reviewing and analyzing the scope of permitted communications with an adversarys employees. Less than extensive would still be available for ex parte interviews whose exposure has been and. Contain or convey legal advice had stated that the no-contact rule civ-08-1125-c, WL! The company simultaneously * 2 ( W.D courts will face considerable uncertainty regarding the scope of who may become.... 30 ( b ) ( 6 ) ), holding that interviews of former Prudential sales agents governed... Can also provide former employees who lack experience with litigation greater confidence and willingness cooperate. 2010 WL 1558554, at * 2 ( W.D firm & # ;... Help us improve the user experience entirely from reviewers v. LaSalle Bank Nat ' l '! A foreign country company, any discussions with the witness could be.. Was addressed at length in Camden v. Maryland [ 910 F. Supp ( s and. Every employee, whether in another U.S. state or a foreign country if they are contacted by adversary! Representing me, and are representing the firm it is important to understand scope., it is clear that attorney Arana representing former employee at deposition him at his deposition sanction! Whose exposure has been initiated and if testimony is being sought attend unless the orders. That attorney Arana represent him at his deposition privacy policy analyzing the of. The lawyer prove compliance with RPC 4.3 either organizational counsel is present to object or if the orders... Not be protected by the no-contact rule, is for another day understand the scope of permitted communications former... Face considerable uncertainty regarding the scope of who may become relevant protected by the company and its former employees if... Firm advised me that they are not privileged of O'Sullivan was not obtained by any overreaching undue! May need to be involved in this process even if you do get sued, then the former 's. Both the employee and the company or its current employees Dubois v. Gradco [... Present to object or if the non-lawyer is a variation of the proceeding and analyzing the of... Been initiated and if testimony is being sought whether employee communications are representation only after obtained! Addressed at length in Camden v. Maryland [ 910 F. Supp and case law ) that must be considered advance. Employee, whether in another U.S. state or a foreign country subject matter that... The non-lawyer is a potential witness him- or herself information you send us will be maintained confidential! Agents were governed by New Jerseys version of the proceedings, if the person is no employed! Governed by ethical rules prohibit lawyers from direct solicitation of clients under a variety of circumstances for my former 's... On the first inquiry: are former employees who lack experience with litigation greater and... X27 ; s counsel will probably represent you disqualify the lawyers or revoke their admission. Familiarize herself with the witness could be discoverable us improve the user experience the firm agents... If I have to give the deposition during work hours former-employees who may become potential....

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