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Article: Contacting, deposing employees of opposing parties: a how-to: don't just call up your opponent's employees, even if they're working elsewhere. Consider first whether doing so might violate legal or ethical rules.(Illinois)
- Article from:
- Illinois Bar Journal
- Article date:
- January 1, 2008
- Author:
CopyrightCOPYRIGHT 2008 Illinois State Bar Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Rockford lawyer and ISBA Civil Practice and Procedure member Mark Rouleau supplies useful case law and some wise counsel to lawyers considering whether to contact or depose employees or former employees of an opposing party. his article, "Contacting an opponent's employee and former employees," appears in the December 2007 issue of ISBA's Trial Briefs newsletter.
Review the controlling rules and cases
Employees and former employees may, of course, possess significant information about the facts of a case, Rouleau notes. But you can't just call up those employees, even if they're no longer working for the party you're suing (or being sued by), to talk ...