Title

Interviewing Ex-employees: One Answer, New Questions

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.

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