In many cases, litigators need to obtain critical information from former employees of a party. Such a need may arise in at least two ways. First, counsel may need to contact a former employee of his own client in order to interview that individual or prepare him for a deposition. Alternatively, counsel may seek out employees of an opposing party in order to learn information informally and/or through formal discovery.
How do the rules of attorney-client privilege affect the ability of counsel to engage in such discovery? A survey of the guidelines generally applicable in New York federal and state courts follows.
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