Ethics Forum: Questions and Answers on Professional Responsibility
My firm is in the process of hiring a paralegal. I have interviewed someone who worked as a paralegal in a corporation that my firm is presently suing. She is not involved in the suit. She has not worked for that corporation for a period of time. If I hire her, do I have to take steps? Would there be conflict of interest problems?
September 16, 2021 at 11:02 AM
9 minute read
Ethics
Chester County lawyer Samuel C. Stretton. Courtesy photo If you hire a former employee, you should screen them from any participation to prevent any issue of disqualification.
My firm is in the process of hiring a paralegal. I have interviewed someone who worked as a paralegal in a corporation that my firm is presently suing. She is not involved in the suit. She has not worked for that corporation for a period of time. If I hire her, do I have to take steps? Would there be conflict of interest problems?
The question is an interesting one. One would think the answer would be yes, but that is not necessarily so.
The first question to analyze is whether or not the hiring firm can even talk to her. Under Rule of Professional Conduct 4.2, one can't talk to someone represented by opposing counsel in litigation. The comment to Rule 4.2 makes clear that the rule applies not only to just individuals, but to corporations. For instance, an employee who works for a corporation who could bind the corporation or has significant information cannot be spoken to without permission of the corporate attorney.
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