Document Type
Article
Publication Date
3-2004
ISSN
0524-1111
Publisher
Boston Bar Association
Language
en-US
Abstract
In Clark v. Beverly Health and Rehabilitation Services, Inc., 440 Mass. 270, 797 N.E.2d 905 (2003), the Supreme Judicial Court held that a lawyer for a party may contact former employees of the opposing party without violating Mass. r. Prof. C. 4.2. Lawyers who represent entities with former employees are not happy because, where 4.2 applies, the Rule makes it harder for the other side's lawyers to obtain information that might be damaging to the organization. Understandable. But some purport to be aghast, which is ridiculous. The Clark holding is in line with the ABA's position, the text of the Restatement of the Law Governing Lawyers, and the holdings of many (probably most) courts that have considered this question.
Recommended Citation
Susan P. Koniak,
Interviewing Ex-employees: One Answer, New Questions
,
in
48
Boston Bar Journal
6
(2004).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/2132
