When investigating a case, an attorney may discover that the defendant's former employee has critical information about the case. Many attorneys assume that there are special obligations for the attorney--including possibly having to disclose to defense counsel their intention to interview the potential witness.
I wrote an article including a checklist for this situation for the 2011 Winter edition of the Cleveland Academy of Trial Attorneys' "CATA News" (www.clevelandtrialattorneys.org). If you're a reader, please leave your comments below!
Update: You can now read the CATA Newsletter article for the full checklist -No Consent Needed: The 5 Step Checklist for Interviewing Defendant's Former Employees
Here are the promised documents:
- Rule 4.3 Dealing with unrepresented person.pdf
- Rule 4.2 Communication with person represented by counsel.pdf
- Advisory Opinion 2005-03.pdf (Ohio Board of Commissioners on Grievances and Discipline, Issued February 4, 2005)