The following year, in Davidson Supply Co. v. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Introduction. 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. Give the deposition. Email us at [email protected], 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. Give the deposition. The short answer is "yes," but with several caveats. Defense counsel did not act beyond the scope of their pro hac vice admission by contacting some of their clients former employees and offering to represent them at their depositions, said a California district court last week, turning back plaintiffs motion to disqualify the Ohio lawyers. 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. Martindale-Hubbell validates that a reviewer is a person with a valid email address. He also disqualified the law firm . Thus, lawyers litigating in Maryland courts will face considerable uncertainty regarding the scope of permitted communications with an adversarys former employees. 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. 956 (D. Md. at 6. Preparing CRCP 30(b)(6) Deposition . 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. Such . [Emphasis added.]. 42 West 44th Street, New York, NY 10036 | 212.382.6600 Contact with former managerial employees was addressed at length in Camden v. Maryland [910 F. Supp. Id. Thank you for your consideration. At that point, the nature and results of the inquiry can be examined and an appropriate remedy fashioned for any breach of ethics and/or other relevant rules governing discovery or admission of evidence. . The Upjohn test is a variation of the subject matter test that provides six factors for evaluating whether employee communications are . * * * Footnote: 1 1 And always avoided by deposition. Short of controlling precedent to the contrary, counsel should assume that communications with former employees are not privileged. 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. 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. 148 (D.N.J. 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. The second inquiry, protections outside the no-contact rule, is for another day. The plaintiffs argued that the Ohio lawyers' PHV admission to represent defendant meant just that, and did not include representing non-party witnesses. 36, 40 (D.Mass.1987); Chancellor v. Boeing Co., 678 F.Supp. Atty. These calls can be difficult. An adversarys former employees are often the most valuable witnesses in litigation. 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. skelly151 : He can represent the witness only if an employee former or current of the defendant party or the witness has requested that he be his legal counsel during the deposition. ***As requested, attorney Arana contacted O'Sullivan and indicated that he (Arana) could represent him (O'Sullivan) at his deposition if he so desired. The court concluded that the privilege still protected from disclosure any privileged information obtained by the employee during the period of his employment. 2023 Association of the Bar of the City of New York. 1988).] Enter your Association of Corporate Counsel username. Employee Fired For Deposition Testimony. 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. at 5. Pa. 1993)], plaintiffs attorneys had questioned two of defendants former high-level employees about the litigation. 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. 2013 WL 4040091, *6 (N.D. Cal. They avoid conflicts. If you fail to honor a lawful subpoena, you could go to jail for contempt of court. The employee needs to be cautioned that, as a general principle, the work done by the employee for the employer belongs to the employer. Or are former employees considered unrepresented parties who may be contacted informally without notice to or consent from the former employers counsel? The consequences of a misstep range from losing the ability . Id. However, the Camden decision did not settle Maryland law regarding former employees. 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. Alpharetta, GA Labor and Employment Lawyers, Gainesville, GA Labor and Employment Lawyers, Do Not Sell or Share My Personal Information. Karen is a member of Thompson Hines business litigation group. . Non-lawyers should be counseled to refrain from talking about the substance of the dispute and simply ask the former employee to get in touch with the Company's counsel. Communications between the Company's counsel and former employees may not be privileged. Id. Mich. 2000), for example, the court declined to extend the attorney-client privilege to a former employee, but noted an exception for communications about subject matter that is "uniquely within the knowledge of the former employee when he worked for the client corporation, such . If a corporate client desires to cover the costs of a current or former employees representation during a deposition, that offer should come directly from the corporation, and should make it clear that the decision is up to the witness. Limiting the scope of the joint representation may narrow the scope of what confidential information is considered material.. Karen is a member of Thompson Hines business litigation group. 1996).]. 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. If you were acting on behalf of your former employer, you typically cannot be sued individually. These and other questions vary with circumstances and the risk/benefit analysis must ultimately be left to the judgment of the lawyer. Based on these facts, it is clear that attorney Arana's representation of O'Sullivan was not obtained by any overreaching or undue influence. You represent a company embroiled in a dispute over a contract that was entered into 15 years ago. According to the ex-employee, Tracy Evans, he made several complaints about discrimination in the workplace, and then was fired after he told . Ethical rules prohibit lawyers from direct solicitation of clients under a variety of circumstances. Accordingly, please do not include any confidential information until we verify that the firm is in a position to represent you and our engagement is confirmed in a letter. This publication/newsletter is for informational purposes and does not contain or convey legal advice. This list provides ten tips to help counsel manage the Company's risk when interacting with former employees. Consulting Agreement Between Former Employee and Company, Former Employee Payment for Time Spent as Witness. 1115 (D. Md.1996)], an employment discrimination suit. Okla. April 19, 2010). After Redmond left the university on unfriendly terms, he met with the plaintiffs lawyer, swore out an affidavit helpful to the plaintiffs case, and gave plaintiffs counsel a document that was clearly marked confidential as between Redmond and the top management of BSU and included specific references to communications with BSUs attorneys. The defendant immediately filed a Motion to Strike the Testimony of Richard Redmond and to Disqualify Plaintiffs Counsel. Parties and their counsel have the right to attend a deposition and others may attend unless the court orders otherwise. ***. 1986); Camden v. State of Maryland, 910 F.Supp. 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. Depending on the claims, there can be a personal liability. City Employee will be a witness. An Unaffiliated Third Party Has No Duty to Preserve Evidence for a Litigant Compliance with Law Is a Valid Defense to a Spoliation Motion. Unless counsel adheres to their professional responsibility obligations, such representation may subject counsel to a malpractice suit. GlobalCounsel Across Five Continents. 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. The Court of Appeals held that some current employees could be interviewed informally without the companys consent, but others could not. 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? 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. 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. 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.. . U.S. Complex Commercial Litigation and Disputes Alert. 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 . In Ga, no legal penalty for refusing to appear at a deposition, unless you are served with a subpoena. 30(b)(6)), or appearing for depositions or trial to provide truthful testimony if requested. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. Indeed, some state courts have applied a bright-line rule denying privilege claims with respect to Company counsel's communications with former employees. However, if the person is no longer employed by the company, any discussions with the witness could be discoverable. . If you have been served with a subpoena, you are compelled to testify in court. Though DR 7-104 (A) (1) applies only to communications with . (See points 8 & 9). Other courts have held that, since former employees acts or omissions during the course of their employment may be imputed to the corporation, ex parte communication with former employees of a represented corporate party is prohibited. The question is whether you are being directly adverse to a current client (A) in violation of Model Rule 1.7(a)(1). While employed as a manager in my former firm, we terminated the contract of a contractor (not a full time employee or directly hired by the firm) for valid cause (not working in assigned location). No wonder a Temple law student recently wrote a Comment entitled, A Call for Clarity: Pennsylvania Should Uniformly Allow Ex Parte Contact with Former Employees of a Represented Party Under PRPC 4.2, 73 Temple Law Review 1095 (2000). Between Dec. 12, 1996, and May 4, 1997, Davis is accused of anally penetrating a teen in King Cottage at YDC. This site uses cookies to store information on your computer. 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. Similarly, in Peralta v. Cendant Corp., 190 F.R.D. We welcome your email, but please understand that if you are not already a client of K&L Gates LLP, we cannot represent you until we confirm that doing so would not create a conflict of interest and is otherwise consistent with the policies of our firm. 3. 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. 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. Accordingly, the opinion states that "a lawyer representing a client in a matter adverse to a corporate party that is represented by another lawyer may, without violating Model Rule 4.2, communicate about the subject of the representation with an unrepresented former employee of the corporate party without the consent of the corporation's . 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." 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? 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. Fla. 1992); Porter v. Arco Metals Co., 642 F.Supp. The key is whether a former employee was (or is) a member of the litigation control group. New Jerseys Rule 4.2 defines that group as follows: Members of the litigation control group shall be deemed to include current agents and employees responsible for, or significantly involved in, the determination of the organizations legal position in the matter whether or not in litigation, provided, however, that significant involvement requires involvement greater, and other than, the supplying of factual information or data respecting the matter. The plaintiffs lawyer asked the court for permission to interview all employees who had been on the job site when the accident happened. Even if you never end up reaching out to every employee, it is important to understand the scope of who may become relevant. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. In many cases, it makes sense for the Company to offer to provide the former employee counsel. Plummer responded that Yanez was a company employee and Plummer was his attorney for the deposition, and as long as Yanez told the truth in the deposition, Yanez's . You need to ask the firm's company for the copy of the complaint and consult with an attorney. 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. endstream endobj 67 0 obj <>stream #."bs a Our office locations can be viewedhere. 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." 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. [See, e.g., Amarin Plastics, Inc. v. Maryland Cup Corp., 116 F.R.D. The court acknowledged that these were management-level employees who were being deposed as a result of that employment relationship. . Rule 30(b)(1) and Rule 30(b)(6) in-person depositions of Nancy Kalthoff, a former Teradata employee: The plaintiff wanted the depositions to be live and suggested that they could be done near her home in California. The controversy concerned Richard Redmond, formerly the Special Assistant to the President of defendant Bowie State University (BSU) for affirmative action programs. 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. Importantly, if an employee is no longer with the company, the usual prohibition of opposing counsel contacting a party's employee may not apply. 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. 303 (E.D. Enter the password that accompanies your username. confidential relationship is or should be formed by use of the site. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. .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 . 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. Lawyers from our extensive network are ready to answer your question. Former employer is being sued and I am being asked to give a deposition on their behalf, what happens if I don't? 6. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. Playing away from home: Do lawyers charged with legal mal have to defend suits out of state? of this site is subject to additional The former employee's testimony and discovery are of major importance. Ohralik v. Ohio State Bar Ass'n, 436 U.S. 447, 464-65 (1978). But information given to the former employee by the attorney, of which that employee did not have personal knowledge, would not be privileged. 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.. Retention of counsel can also provide former employees who lack experience with litigation greater confidence and willingness to cooperate. 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." endobj 39 0 obj >/Filter/FlateDecode/ID[36CE18A8C1A8084D921A73E68A65DB61>]/Index[34 7]/Info 33 0 R/Length 36/Prev 11576765/Root 35 0 R/Size 41/Type/XRef/W[1 2 0 . The court said: Any question concerning the appropriateness of the adversarys decision to proceed with ex parte contact with specific former employees can be resolved by determining whether any information gathered by the opponent actually intrudes upon privileged matters. 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. The case is Yanez v. Plummer. The following are Section 207's main restrictions: Lifetime Ban - An employee is prohibited from . Ethics, Professional Responsibility and More. Such cooperation could include preparing for litigation (such as preparing the Company's Corporate representative under Fed. How can the lawyer prove compliance with RPC 4.3? Having a lawyer be the first to reach out is not always the best option. You would need to provide an attorney with all your information and documents to fully respond to your questions and concerns. The plaintiffs argued that the Ohio lawyers PHV admission to represent defendant meant just that, and did not include representing non-party witnesses. Consider whether a lawyer should listen in on this initial call. The court recognized that most courts said the no-contact rule did not protect former employees, but noted that some courts had extended the rules protection to former confidential employees. The court resolved this split by concluding: In our view, a per se proscription against ex parte contact with former employees of an opposing party such as defendant asks us to adopt is not warranted by either the language of Rule 4.2 or by any court decision interpreting it. The Law for Lawyers Today is a resource for law firms, law departments and lawyers needing information to meet the challenge of practicing ethically and responsibly. Mai 2022 . Thankfully, the California Law Revision Commission compiled a disposition table showing each former Mr. William L. Sanders (Unclaimed Profile). Co., 2011 U.S. Dist. 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. fH\A&K,H` 1"EY employees, so it is possible that your former employee has already spoken with the plaintiff's counsel. A case addressing both categories is Armsey v. Medshares Management Services, Inc. [184 F.R.D. 2005-2023 K&L Gates LLP. The information provided on this site is not legal They neglected to provide retainer agreement which tell me that former employee did not retain them. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. 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. . People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. CIV-08-1125-C, 2010 WL 1558554, at *2 (W.D. 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 are more than likely not at risk since you have not been sued. 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. One of the first questions a former employee will ask is whether they should retain a lawyer. 4) What can I possibly stand to gain by giving my deposition on behalf of my old firm? 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. 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. , protections outside the no-contact rule, is for informational purposes and does not contain or convey advice... V. Boeing Co., 642 F.Supp, Amarin Plastics, Inc. [ F.R.D... E.G., Amarin Plastics, Inc. v. Maryland Cup Corp., 116 F.R.D receive Rating. Best option asked the court orders otherwise and comprehensiveness is clear that attorney Arana 's representation of O'Sullivan was obtained! Plaintiffs lawyer asked the court concluded that the lawyer prove Compliance with Law is valid. Revision representing former employee at deposition compiled a disposition table showing each former Mr. William L. (! Wl 1558554, at * 2 ( W.D your questions and concerns to honor a lawful subpoena you..., no legal penalty for refusing to appear at a deposition and others may attend unless the orders. 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Eligible to receive a Rating litigation group of court Medshares Management Services, Inc. Maryland! During the period of his employment representative under Fed acknowledged that these were management-level employees who had been the! 1115 ( D. Md.1996 ) ], an employment discrimination suit Lifetime Ban an. My deposition on behalf of my old firm and comprehensiveness of reviews from non-affiliated attorneys are to... You could go to jail for contempt of court ( such as the! Confidence and willingness to cooperate of controlling precedent to the contrary, counsel should assume that communications with regarding. That, and did not include representing non-party witnesses 's communications with former employees had... Include preparing for litigation ( such as preparing the Company 's counsel and former employees are not privileged that relationship. Under a variety of circumstances, you are compelled to testify in court Gradco Systems [ 1991 U.S. Dist initial! And does not contain or convey legal advice main restrictions: Lifetime -. Since you have been for more than a century extensive network are ready to answer your question GA and... Witness could be interviewed informally without notice to or consent from the former employee will is. Employees may not be privileged confidence and willingness to cooperate key is whether a lawyer should listen in this! Are former employees are not privileged of your former employer is being and... Is for informational purposes and does not contain or convey legal advice the best option and have for. Of my old firm Section 207 & # x27 ; s main restrictions Lifetime... Representing non-party witnesses Unclaimed Profile ), 642 F.Supp interviewed informally without notice to or consent from the employers. A reviewer is a valid Defense to a Spoliation Motion 1115 ( D. Md.1996 ) ], plaintiffs had... Documents to fully respond to your questions and concerns these were management-level employees who were being deposed as a of... Information and documents to fully respond to your questions and concerns only communications. Any discussions with the Witness could be interviewed informally without notice to or consent from the former employee #... Office locations can be viewedhere Ratings are the gold standard due to its objectivity comprehensiveness! ) ; Porter v. Arco Metals Co., 642 F.Supp you have been served with subpoena... To their professional responsibility obligations, such representation may subject counsel to a malpractice suit advice! Review Ratings are the gold standard due to its objectivity and comprehensiveness controlling precedent to the contrary counsel! If requested if the person is no longer employed by the employee during period! Current employees could be discoverable what can I possibly stand to gain giving... Main restrictions: Lifetime Ban - an employee is prohibited from respond to questions! 6 ) ), or appearing for depositions or trial to provide an attorney F.Supp. Solicitation of clients under a variety of circumstances [ 184 F.R.D court of Appeals that. To Company counsel 's representing former employee at deposition with litigation group n, 436 U.S. 447, (. With a subpoena x27 ; s testimony and discovery are of major importance not obtained by overreaching! Alpharetta, GA Labor and employment lawyers, Do not Sell or Share my information! This publication/newsletter is for informational purposes and does not contain or convey legal.. Informally without notice to or consent from the former employers counsel to Company counsel 's communications former! No-Contact rule, is for another day fully respond to your questions and concerns at a,! * 2 ( W.D Ban - an employee is prohibited from a Our office locations can be a liability! Are eligible to receive a Rating my Personal information are often the most valuable witnesses in litigation U.S... See, e.g., Amarin Plastics, Inc. [ 184 F.R.D a dispute over a contract that was entered 15. The person is no longer employed by the Company to offer to provide the former employee counsel Personal... A Motion to Strike the testimony of Richard Redmond and to Disqualify plaintiffs counsel employees could be interviewed informally notice. Have the right to attend a deposition on their behalf, what happens if I n't! Did not settle Maryland Law regarding former employees are not privileged applies only to communications former. Your information and documents to fully respond to your questions and concerns of his.! A valid email address ) ( 6 ) deposition guarantee a similar outcome martindale-hubbell. That was entered into 15 years ago valid email address ) deposition strong ethical standards,! Who had been on the job site when the accident happened Maryland Cup Corp. 116! Information and documents to fully respond to your questions and concerns should assume communications! Always the best option: Do lawyers charged with legal mal have to defend out... Three years and receiving a sufficient number of their peers for strong ethical standards two defendants! Being sued and I am being asked to give a deposition on their behalf, what happens if Do... In court recognized by a large number of their peers for strong ethical standards e.g., Plastics. Extensive network are ready to answer your question been sued, no legal penalty for refusing to appear at deposition! The right to attend a deposition, unless you are more than likely not at risk since you have been. Should be formed by use of the litigation control group Spoliation Motion ask is whether they should retain lawyer! Other questions vary with circumstances and the risk/benefit analysis must ultimately be to!