Alabama Workers' Comp Blawg

  • 25
  • Nov
  • 2009

EMPLOYEE CONTACT BY OPPOSING COUNSEL

The General Counsel for the Alabama Bar Association recently released a refined opinion concerning an opposing attorneys ability to contact an employer’s current active employees. According to the General Counsel, the opposing attorney is prohibited from contacting those employees who have authority to "commit the organization to a position regarding the subject matter of representation." In other words, the attorney cannot contact those employees with "speaking authority" for the corporation or who "have managing authority sufficient to give them the right to speak for, and bind, the corporation."

Practice Pointer:

Depending on the severity case, it may be worth your while to check with employees and see if they have been contacted. For those employees that have been contacted, You should find out what was discussed and what information was shared.

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