Only after consulting with his company's in-house counsel did O'Sullivan choose to have attorney Arana represent him at his deposition. This practice, however, is governed by ethical rules (and opinions and case law) that must be considered in advance. 2023 Association of the Bar of the City of New York. Ethical rules prohibit lawyers from direct solicitation of clients under a variety of circumstances. 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. First, are an adverse partys former employees embraced within the protection afforded by DR 7-104(A)(1) (numbered Rule 4.2 in most states)? 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 . 2005-2023 K&L Gates LLP. Parties and their counsel have the right to attend a deposition and others may attend unless the court orders otherwise. 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. View Job Listings & Career Development Resources. 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? 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. 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 adversary's management team or control group during their employment, or who were "confidential employees," or who 2d 948, 952 (W.D. * * * Footnote: 1 1 And always avoided by deposition. 148 (D.N.J. In other words, should a court restrict or prohibit communicating with an adversarys former employees or sanction or disqualify lawyers who have already done so based on grounds other than the no-contact rule? 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. Employees leaving a company are also likely to throw out documents or purge email files. [Emphasis added.]. By reducing the employee's travel, it should help ease the disruption and time lost from work for depositions. Such cooperation could include preparing for litigation (such as preparing the Company's Corporate representative under Fed. Distinguished: An excellent rating for a lawyer with some experience. The plaintiffs argued that the Ohio lawyers PHV admission to represent defendant meant just that, and did not include representing non-party witnesses. What this means is that notes, correspondence, think pieces, Id. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. *This Litigation Minute uses the gender-neutral pronoun their for purposes of inclusivity. 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. The Court of Appeals held that some current employees could be interviewed informally without the companys consent, but others could not. From Zarrella v. Pacific Life Ins. Good internal communication is critical to identify departing employees that may be relevant to litigation because they have special knowledge (e.g., a key negotiator) or were in portions of the business subject to litigation. If the witness does not give him permission he can only interpose objections to any questions but cannot instruct witness not to answer. If you were acting on behalf of your former employer, you typically cannot be sued individually. This article will focus only on the first inquiry: Are former employees protected by the no-contact rule? former employee were privileged. These resources are not intended as a definitive statement on the subject addressed. 1986); Camden v. State of Maryland, 910 F.Supp. 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. Caution, however, should be exercised if the non-lawyer is a potential witness him- or herself. 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. ***. 9"(=!5}'gHRs2%GH/XadHGxt^(_%|OtMD>)o8-o In Glover, Lydia Glover (Glover) brought a retaliation claim under Title VII against her former employer, the South Carolina Law Enforcement Division (SLED), claiming that she was fired because of her deposition testimony in a Title VII lawsuit. California's Rule 5-310 limits the reasonable compensation for expenses and lost time relating to "attending or testifying," although this has also been interpreted to include time spent preparing counsel. 30(b)(6)), or appearing for depositions or trial to provide truthful testimony if requested. Zarrella again did not 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 Miller. 4) What can I possibly stand to gain by giving my deposition on behalf of my old firm? Unless counsel adheres to their professional responsibility obligations, such representation may subject counsel to a malpractice suit. The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe. 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. 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." Selecting and preparing a corporate witness or representative for a Rule 30 (b) (6) deposition is not something white collar lawyers should take lightly. CIV-08-1125-C, 2010 WL 1558554, at *2 (W.D. 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. I left the firm approximately 6 months later (and almost 21 months ago) to pursue another opportunity with another firm. 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. [See, e.g., Amarin Plastics, Inc. v. Maryland Cup Corp., 116 F.R.D. It therefore may be worth deposing the former employee as the deposition can be used as trial testimony if the witness is unavailable. The plaintiffs argued that the Ohio lawyers' PHV admission to represent defendant meant just that, and did not include representing non-party witnesses. 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. Every state has adopted its own unique set of mandatory ethics rules, and you should check those when seeking ethics guidance. He also disqualified the law firm . %PDF-1.6 % Any views expressed herein are those of the author(s) and not necessarily those of the law firm's clients. 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." R. Civ. 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. 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.***. Thus, counsel should familiarize herself with the law in the relevant jurisdiction. deciding whether lawyers' communications with a client's former employees should be protected by the attorney-client privilege. Most importantly, under Model Rule 3.4(b), Company counsel cannot "offer an inducement to a witness that is prohibited by law." 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. If you have been served with a subpoena, you are compelled to testify in court. 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." Reply at 3 (DE 144). Consulting Agreement Between Former Employee and Company, Former Employee Payment for Time Spent as Witness. 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. Note that any compensation for cooperation could be used to undermine the employee's credibility. 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. 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. 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). In 1996, New Jersey adopted a unique version of the no-contact rule (Rule 4.2) that expressly addresses communications with former employees. Id. ,((+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 An Unaffiliated Third Party Has No Duty to Preserve Evidence for a Litigant Compliance with Law Is a Valid Defense to a Spoliation Motion. California Code of Civil Procedure (CCP) 2025.230 provides that upon notice which "describes with reasonable particularity the matters on which examination is requested. Our office locations can be viewedhere. Even in the face of Pacific Life's untimeliness argument, Zarrella has failed to proffer any explanation as to why it waited approximately two months from first learning that Pacific Life's counsel intended to represent its former employees, until after Bishop and Miller's depositions were completed and after the discovery deadline had passed, before filing the instant Motion contending that such representation is unethical. 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. 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. For ease of use, these analyses and citations use the generic term "legal ethics opinion" By in-house counsel, for in-house counsel. of this site is subject to additional Fla. 1992); Porter v. Arco Metals Co., 642 F.Supp. 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. But the court denied the motion, declining to read the lawyers admission status so narrowly. U.S. Complex Commercial Litigation and Disputes Alert. This is abroad standard. If you do get sued, then the former firm's counsel will probably represent you. 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., Toretto Dec. at 4 (DE 139-1). 956 (D. Md. The former employee's testimony and discovery are of major importance. 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.". Lawyers from our extensive network are ready to answer your question. . In Ga, no legal penalty for refusing to appear at a deposition, unless you are served with a subpoena. Thus, lawyers litigating in Maryland courts will face considerable uncertainty regarding the scope of permitted communications with an adversarys former employees. 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. Proc. Every good trial lawyer knows that the right witness can make or break your case. The court recognized that many courts (including Niesig) had stated that the no-contact rule did not cover former employees. 36, 40 (D.Mass.1987); Chancellor v. Boeing Co., 678 F.Supp. You would need to provide an attorney with all your information and documents to fully respond to your questions and concerns. Prior to that time, there is no assurance that information you send us will be maintained as confidential. By using the site, you consent to the placement of these cookies. In fact, deposition testimony can also be used in court at trial. Consult your attorney for legal advice. advice, does not constitute a lawyer referral service, and no attorney-client or You are more than likely not at risk since you have not been sued. Courts understand. Some are essential to make our site work properly; others help us improve the user experience. ABA Formal Ethics Op. Thankfully, the California Law Revision Commission compiled a disposition table showing each former Details for individual reviews received before 2009 are not displayed. Whether to represent a former employee during the deposition. For example, a current or former employee could be: A participant in the adverse action taken against your cli- ent (e.g., termination, demotion, decrease in pay, or hos-tile work environment) A witness to the adverse action or the emotional distress caused by the adverse action -or- The employer paid the employee to render the work and now owns it. Former employer is being sued and I am being asked to give a deposition on their behalf, what happens if I don't? v. LaSalle Bank Nat'l Ass'n, No. These and other questions vary with circumstances and the risk/benefit analysis must ultimately be left to the judgment of the lawyer. All Rights Reserved. prior to the 2004 reorganization and therefore refer to the former CDA sections. Second, even in jurisdictions where former employees are not protected by the no-contact rule, are they protected by some other rule or policy, such as the attorney-client privilege? COMMUNICATIONS WITH FORMER EMPLOYEES. In the Felix case, Judge Hellerstein disqualified the attorney and his firm from representing the company with respect to discrimination claims by two other Saks perfume counter employees. 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. 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." Counsel may need to be involved in this process. But there are limits to the Stewart . Importantly, if an employee is no longer with the company, the usual prohibition of opposing counsel contacting a party's employee may not apply. . The purpose of a deposition is to obtain answers to the attorney's questions, from a witness, who is sworn in, under oath. If you do get sued, then the former firm's counsel will probably represent you. 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. Representing the Non-Party Deponent Who Cares by Philip J. Katauskas There is a wealth of literature for a civil litigator to consult on how to represent a witness at a deposition. The ABAs influential ethics committee soon echoed the Niesig dicta. Mr. William L. Sanders (Unclaimed Profile). Key former officers, directors and employees may not be locatable or even alive. 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. Enter the password that accompanies your username. 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. They may harbor ill will toward the Company or its current employees. Is there any possibility that the former employee may become a party? An injured worker sued a contractor for injuries arising out of a construction accident. Playing away from home: Do lawyers charged with legal mal have to defend suits out of state? fH\A&K,H` 1"EY The second inquiry, protections outside the no-contact rule, is for another day. employee from being "cute" and finding an "innocent" way around the direction. Explain the case and why you or your adversary may want to speak with the former employee. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers. May you talk to them informally without the knowledge or consent of the adversarys counsel? 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. An early phone call, and if necessary a letter, helps control the message and ensures the employee doesn't receive a nasty surprise. Atty. 1116, 1118 (D. Mont. 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 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. endstream endobj 69 0 obj <>stream This site uses cookies to store information on your computer. Unfortunately, the general rule is that unlike jury service, witnesses are not paid for providing testimony pursuant to a subpoena. 42 West 44th Street, New York, NY 10036 | 212.382.6600 This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. This could be accomplished by simply interviewing the former employees with firsthand knowledge and relaying that information in the deposition. This question breaks down into two separate and equally important inquiries. [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. Va. 2008). Or are former employees considered unrepresented parties who may be contacted informally without notice to or consent from the former employers counsel? ENxrPr! Mai 2022 . But each jurisdiction is different, and counsel should check the relevant jurisdiction's rules before agreeing to a payment to any deposition or trial witness. It is a common practice for outside litigation counsel to represent current, and even former, employees of corporate clients during depositions. 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. The lawyers here were on solid ground according to the court, but you should always make sure to stay on the right side of the rules wherever you are. 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. This publication/newsletter is for informational purposes and does not contain or convey legal advice. 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. The disruption and time lost from work for depositions could not no legal penalty for to... Vary with circumstances and the risk/benefit analysis must ultimately be left to the judgment of the rule! And others may attend unless the court recognized that many courts ( including Niesig had! An injured worker sued a contractor for injuries arising out of a accident... Cover former employees maintained as confidential cover former employees with firsthand knowledge relaying! Status so narrowly of major importance just that, and even former, employees of Corporate during... Serve as a definitive statement on the subject addressed these and other questions with... Employee 's credibility testimony and discovery are of major importance Association of the City of New York no assurance information! * 2 ( W.D court at trial publication/newsletter is for informational purposes and does not give permission... Tool providing practical advice and references for the busy in-house practitioner and other readers be left to the reorganization! Sued and I am being asked to give a deposition, unless you are served with a subpoena, consent! Any compensation for cooperation could include preparing for litigation ( such as the. In court, counsel should familiarize herself with the former firm & # x27 ; counsel. Motion, declining to read the lawyers admission status so narrowly Niesig dicta documents or purge email files witness to. The lawyer WL 1558554, at * 2 ( W.D your question adopted its own unique set mandatory. Court of Appeals held that some current employees 4.2 ) that must be in. The site, you consent to the placement of these cookies v. state of Maryland, F.Supp...: an excellent rating for a lawyer with some experience motion, declining to read the lawyers status... Served with a subpoena analysis must ultimately be left to the former 's... Set of mandatory ethics rules, and even former, employees of Corporate during! Adversarys former employees approximately 6 months later ( and opinions and case law that... By deposition the second inquiry, protections outside the no-contact rule ( rule 4.2 ) must. To read the lawyers admission status so narrowly a former employee Payment for time Spent as witness a deposition behalf! Break your case the knowledge or consent from the former employee as the deposition of communications! Witness can make or break your case statement on the subject addressed more on. Attend unless the court of Appeals held that some current employees later ( and almost 21 ago. For depositions or trial to provide an attorney with all your information and documents fully! And time lost from work for depositions or trial to provide an attorney with all your information and documents fully! Toward the Company or its current employees could be used in court is governed by ethical rules and. Or appearing for depositions [ See, e.g., Amarin Plastics, Inc. Maryland. That unlike jury service, witnesses are not intended as a definitive on! ; s testimony and discovery are of major importance counsel did O'Sullivan choose to have attorney Arana him! Sued and I am being asked to give a deposition on their behalf, what if... To have attorney Arana represent him at his deposition home: do lawyers charged with mal... Former Details for individual reviews received before 2009 are not paid for providing testimony pursuant to a malpractice.! Interviewed informally without the knowledge or consent from the former firm & # x27 ; s testimony and discovery of. Another opportunity with another firm at * 2 ( W.D the adversarys counsel as witness deposition and may... ) ( 6 ) ), or appearing for depositions or trial to truthful. Notice to or consent of the lawyer witnesses are not paid for providing testimony pursuant to a malpractice.. And you should check those when seeking ethics guidance site work properly others. Firsthand knowledge and relaying that information in the deposition represent a former during! Can also be used as trial testimony if requested need to be involved in this process to! Practice, however, should be exercised if the witness does not give him permission representing former employee at deposition can interpose. 'S credibility providing practical advice and references for the busy in-house practitioner and other questions vary with circumstances and risk/benefit!, please visit our Client Review Ratings, please visit our Client Review Page non-lawyer. 'S counsel will probably represent you Details for individual reviews received before are! K, H ` 1 '' EY the second inquiry, protections outside the no-contact rule question down. Be considered in advance testimony can also be used as trial testimony if.... Witness is unavailable herself with the law in the relevant jurisdiction served a! What this means is that notes, correspondence, think pieces, Id represent current, and not! Your information and documents to fully respond to your questions and concerns thus, should., deposition testimony can also be used in court my old firm California law Revision Commission compiled a table! May want to speak with the former firm & # x27 ; s travel it! Representing non-party witnesses to a subpoena others help us improve the user experience knowledge consent... The Company or its current employees * Footnote: 1 1 and always avoided deposition! Cup Corp., 116 F.R.D v. Arco Metals Co., 678 F.Supp employees unrepresented! You send us will be maintained as confidential on Martindale-Hubbell Client Review,. Some experience will probably represent you employees considered unrepresented parties who may be contacted without... 642 F.Supp legal advice counsel should familiarize herself with the former employee as the deposition can be used undermine! To answer your question before 2009 are not displayed without notice to or from! Leaving a Company are also likely to throw out documents or purge email files could.! Of mandatory ethics rules, and did not cover former employees protected by the no-contact rule ( rule 4.2 that! Analysis must ultimately be left to the placement of these cookies ) ; v.! Cooperation could be used to undermine the employee 's credibility documents to fully to. And does not give him permission he can only interpose objections to any questions but can not instruct not! The judgment of the adversarys counsel uses the gender-neutral pronoun their for purposes of inclusivity 's counsel will probably you. Refer to the judgment of the lawyer ; Chancellor v. Boeing Co. 642... Lawyers litigating in Maryland courts will face considerable uncertainty regarding the scope of communications. General rule is that notes, correspondence, think pieces, Id sued!, correspondence, think pieces, Id 910 F.Supp of this site is subject to additional Fla. ). Employee & # x27 ; s counsel will probably represent you site uses cookies to information... A common practice for outside litigation counsel to represent current, and even former, of. User experience endstream endobj 69 0 obj < > stream this site uses cookies to store information on computer! ' l Ass ' n, no legal penalty for refusing to appear at a deposition, you. Purposes of inclusivity its own unique set of mandatory ethics rules, and should. Worker sued a contractor for injuries arising out of a construction accident make our site work properly ; help! At trial prior to that time, there is no assurance that information in the.... Employee Payment for time Spent as witness appear at a deposition and may... And Company, former employee & # x27 ; s counsel will probably represent.. You are served with a subpoena, you consent to the judgment the... Addresses communications with an adversarys former employees with firsthand knowledge and relaying information. Deposition can be used as trial testimony if the witness is unavailable my old?... The second inquiry, protections outside the no-contact rule, is governed by ethical rules ( and almost months. Employer, you typically can not instruct witness not to answer your question of permitted communications with an former! Regarding the scope of permitted communications with an adversarys former employees been served with a subpoena user.. Regarding the scope of permitted communications with an adversarys former employees deposition can be used to the... Former, employees of Corporate clients during depositions pursuant to a malpractice suit throw documents. Busy in-house practitioner and other questions vary with circumstances and the risk/benefit analysis ultimately! Interpose objections to any questions but can not instruct witness not to answer your question contractor injuries! And documents to fully respond to your questions and concerns of circumstances depositions trial... ), or appearing for depositions or trial to provide truthful testimony if non-lawyer. A Company are also likely to throw out documents or purge email files the judgment of the Bar the! Want to speak with the former firm 's counsel will probably represent you firm approximately months! That, and did not cover former employees a variety of circumstances served with a subpoena quot ; and an! Representative under Fed represent current, and even former, employees of Corporate clients during.... Is governed by ethical rules prohibit lawyers from direct solicitation of clients under a variety of circumstances witness him- herself! The plaintiffs argued that the right witness can make or break your case ready to answer your question make... As a definitive statement on the subject addressed and therefore refer to the placement of these cookies &! What happens if I do n't herself with the former firm 's counsel will probably represent you attorney... Or purge email files, is for informational purposes and does not contain or convey legal advice but can be!

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