Id. more likely to be able to represent the corporation well. Instead, said the court, counsel, admitted on a pro hac vice application, ought to be able to fully prosecute or defend the action in which they were admitted within the bounds of the law., The plaintiffs also argued that by phoning some of the defendants former employees, the Ohio lawyers had violated Californias rules on client solicitation. Despite the strong majority tide, courts in a significant minority of jurisdictions have held that the no contact rule does protect former employees who fall into one of two categories: (1) former employees who were members of the adversarys management team or control group during their employment, or who were confidential employees, or who were extensively exposed to the adversarys confidential or privileged information during their employment; and (2) former employees whose acts or omissions during their employment were imputed to the former employer for liability purposes, or whose statements about their activities are considered binding admissions against the former employer under the rules of evidence. But, argued the defendants, the Ohio lawyers did have a preexisting professional relationship with the employees, because they were all former managers of the client. . I am now being requested to give a video deposition in the case, representing my former firm. [See, e.g., Wright by Wright v. Group Health Hosp., 103 Wash.2d 192, 691 P.2d 564, 569 (1984); Niesig v. Team I, 76 N.Y.2d 363, 559 N.Y.S.2d 493, 558 N.E.2d 1030, 1032 (1990).] 2) Do I have to give a deposition, when the case details are not fresh to me? Once contacted, outside litigation counsel should also interview the employee and assess whether any conflicts of interest exist between the corporation and employee before entering into an attorney-client relationship with that employee. 32 Most courts that have considered Peralta have found its reasoning persuasive. Parties and their counsel have the right to attend a deposition and others may attend unless the court orders otherwise. Your access of/to and use The New York Court of Appeals addressed communications with former employees in dicta in Niesig v. Team I [76 N.Y.2d 363 (1990)], a landmark opinion written by Judge Kaye just two years before she became Chief Judge. In California, a witness can be deposed if he or she has information relevant to the subject matter of the case or likely to lead to the discovery of admissible evidence. [W]ith respect to any unrepresented former employee, plaintiffs counsel must take care not to seek to induce or listen to disclosures by the former employees of any privileged attorney-client communications to which the employee was privy. In addition, after leaving the Federal government, DOJ employees can and should continue to contact the Deputy Designated Ethics Official of their former component when they need advice about their post-government employment limitations. 2005-2023 K&L Gates LLP. It is good practice to identify the individuals relevant to a pending dispute as soon as possible, regardless whether former employees may be involved. The attorney Counsel must understand that agreeing to represent a former employee individually for purposes of a deposition may not necessarily protect all communications with that witness under the umbrella of attorney-client privilege. Rather, the employee is treated as any other non-party; before being compelled to testify, he or she must be served with a subpoena pursuant to Federal Rule of Civil Procedure 45." Karakis v. Foreva Jens Inc., After Redmond left the university on unfriendly terms, he met with the plaintiffs lawyer, swore out an affidavit helpful to the plaintiffs case, and gave plaintiffs counsel a document that was clearly marked confidential as between Redmond and the top management of BSU and included specific references to communications with BSUs attorneys. The defendant immediately filed a Motion to Strike the Testimony of Richard Redmond and to Disqualify Plaintiffs Counsel. The American Bar Association Formal Opinion 91-359, entitled "Contact With Former Employee Of Adverse Corporate Party," states that the "prohibition of Rule 4.2 with respect to contacts by a lawyer with employees of an opposing corporate party does not extend to former employees of that party." 8 The opinion goes on to state: Details for individual reviews received before 2009 are not displayed. For a more thorough discussion, see Annotation, Right of Attorney to Conduct Ex Parte Interviews with Former Corporate Employees, 57 A.L.R.5th 633 (1998). 1115 (D. Md.1996)], an employment discrimination suit. Having a lawyer be the first to reach out is not always the best option. The plaintiffs argued that the Ohio lawyers PHV admission to represent defendant meant just that, and did not include representing non-party witnesses. deciding whether lawyers' communications with a client's former employees should be protected by the attorney-client privilege. The rationale for the rule is that A potential for overreaching exists when a lawyer, seeking pecuniary gain, solicits a person known to be in need of legal services. For society, adopting criminal Cumis counsel has many practical benefits. The short answer is "yes," but with several caveats. The key is whether a former employee was (or is) a member of the litigation control group. New Jerseys Rule 4.2 defines that group as follows: Members of the litigation control group shall be deemed to include current agents and employees responsible for, or significantly involved in, the determination of the organizations legal position in the matter whether or not in litigation, provided, however, that significant involvement requires involvement greater, and other than, the supplying of factual information or data respecting the matter. Rule 30(b)(1) and Rule 30(b)(6) in-person depositions of Nancy Kalthoff, a former Teradata employee: The plaintiff wanted the depositions to be live and suggested that they could be done near her home in California. While employed as a manager in my former firm, we terminated the contract of a contractor (not a full time employee or directly hired by the firm) for valid cause (not working in assigned location). Or they simply may not care what happens to the Company. An Unaffiliated Third Party Has No Duty to Preserve Evidence for a Litigant Compliance with Law Is a Valid Defense to a Spoliation Motion. The Court of Appeals held that some current employees could be interviewed informally without the companys consent, but others could not. By using the site, you consent to the placement of these cookies. 2023 Association of the Bar of the City of New York. Some are essential to make our site work properly; others help us improve the user experience. Okla. April 19, 2010). Id. Defense counsel did not act beyond the scope of their pro hac vice admission by contacting some of their clients former employees and offering to represent them at their depositions, said a California district court last week, turning back plaintiffs motion to disqualify the Ohio lawyers. Bishop and Miller elected to have Pacific Life provide counsel for their depositions, and Schafer indicated that he wished to retain his own independent counsel, and he did so.***. Instead, courts may apply the Peralta standard even if the company's lawyer also represents the former employee. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. A recent California appellate court case should serve as a warning to in-house counsel who represents an employee and the company simultaneously. employee from being "cute" and finding an "innocent" way around the direction. Zarrella argues that by offering to represent (and by so representing) Pacific Life's former (high-level) employees at their depositions, Pacific Life's counsel has violated Florida Rule of Professional Conduct Rule 4-7.4 (a), which provides in pertinent part: (a) Solicitation. If you were acting on behalf of your former employer, you typically cannot be sued individually. According to the ex-employee, Tracy Evans, he made several complaints about discrimination in the workplace, and then was fired after he told . 651, 658 (M.D. Ohralik v. Ohio State Bar Ass'n, 436 U.S. 447, 464-65 (1978). Toretto Dec. at 4 (DE 139-1). (See points 8 & 9). 2013 WL 4040091, *6 (N.D. Cal. At that point, the nature and results of the inquiry can be examined and an appropriate remedy fashioned for any breach of ethics and/or other relevant rules governing discovery or admission of evidence. In any event, the question still remains whether you can represent the former employer and former employee, so that conversations with that former employee are privileged. Also consider requiring the employee to inform the Company if they are contacted by any party about potential or pending litigation against the Company.Care must be taken to ensure that any such compensation for cooperation in giving testimony be (1) provided expressly to compensate the former employee for her time and expenses, rather than the fact of testimony itself, and (2) in an amount that is commensurate with the former employee's earnings (or earnings potential) at the time the testimony is given. Yet, this does not prevent liability being imposed upon their former employer based on the statements, acts or omissions of these individuals which occurred during the course of their employment. Although it may seem routine, there are certain strategic issues to address before agreeing to represent a former employee for purposes of deposition. If counsel reaches out first, but does not receive a (positive) response, a former colleague still at the Company may have more success. Only after consulting with his company's in-house counsel did O'Sullivan choose to have attorney Arana represent him at his deposition. Glover was employed by SLED as a police captain. When interviewing unrepresented former employees, plaintiffs counsel must also comply with the requirements of Rule 4.3, which requires that plaintiffs lawyer make clear to the former Gradco employees the nature of the lawyers role in this case, including the identity of the plaintiff and the fact that Gradco is an adverse party., If lawyers violate these rules, the court could order the discontinuation of such interviews. And if any ex parte statements made by defendants former employees impute liability to the defendants, defendants may be able to argue persuasively that such evidence is inadmissible.. She is a member of the Ohio Supreme Courts Commission on Professionalism, a former chair of the Certified Grievance Committee of the Cleveland Metropolitan Bar Association, and a member and past chair of. Another common question is whether a former employee can be compensated for their time and expenses for any testifying at deposition or trial. Former employer is being sued and I am being asked to give a deposition on their behalf, what happens if I don't? Importantly, if an employee is no longer with the company, the usual prohibition of opposing counsel contacting a party's employee may not apply. 3) Am I entitled to some type of renumeration if I have to give the deposition during work hours? * * * Footnote: 1 1 And always avoided by deposition. What are the different Martindale-Hubbell Peer Review Ratings?*. An injured worker sued a contractor for injuries arising out of a construction accident. This question breaks down into two separate and equally important inquiries. Or are former employees considered unrepresented parties who may be contacted informally without notice to or consent from the former employers counsel? 66 0 obj <>stream A case addressing both categories is Armsey v. Medshares Management Services, Inc. [184 F.R.D. Moreover, O'Sullivan made his decision as to Pacific Life's counsel's representation only after he obtained the advice of an independent attorney. Atty. Despite the strong majority tide, courts in a significant minority of jurisdictions have held that the no contact rule does protect former employees who fall into one of two categories: (1) former employees who were members of the adversary's management team or control group during their employment, or who were "confidential employees," or who 42 West 44th Street, New York, NY 10036 | 212.382.6600 Using one lawyer also deters a defendant from potentially entering into another settlement with the plaintiff after their employment ends or the case has been settled. Please explain why you are flagging this content: * This will flag comments for moderators to take action. Between Dec. 12, 1996, and May 4, 1997, Davis is accused of anally penetrating a teen in King Cottage at YDC. The information in any resource collected in this virtual library should not be construed as legal advice or legal opinion on specific facts and should not be considered representative of the views of its authors, its sponsors, and/or ACC. Also, I am not willing to spend money to hire a lawyer to represent me solely. A sizeable majority of other state and federal courts around the country agree with Niesig and the ABA that the no-contact rule does not apply to former employees. Corporate defense lawyers want the attorney-client privilege to (1) protect from disclosure their communications with company employees and (2) prevent adversary counsel from questioning these employees outside of a deposition. This is the so-called no-contact rule, which prohibits a lawyer from communicating about the subject matter of the litigation with a party known to be represented by counsel in the matter, unless the lawyer has the consent of that partys lawyer or is authorized by law to do so. Weve pointed out before (here and here) that being admitted pro hac vice requires you to be alert for potential issues that might have an impact on your ability to practice away from home. Alpharetta, GA Labor and Employment Lawyers, Gainesville, GA Labor and Employment Lawyers, Do Not Sell or Share My Personal Information. "It is ethically permissible for an attorney to communicate directly with the former officers, directors and employees of an adverse party unless the attorney is aware that the former employee is represented by counsel." Bryant v. Yorktowne Cabinetry, Inc., 538 F. Supp. Defendant argued for a blanket rule that the no-contact rule prohibited communications with an adversarys former employees, and asked the court to preclude plaintiff from using at trial any statement, information or evidence, or the fruit thereof received as a result of the ex parte communications with defendants former employees. In fact, Plaintiffs counsel in this case has informed the court that it seeks to speak to each of these former employees because Plaintiffs believe that they can impute liability upon Medshares through the statements, actions or omissions of these former employees. 956 (D. Md. Good internal communication is critical to identify departing employees that may be relevant to litigation because they have special knowledge (e.g., a key negotiator) or were in portions of the business subject to litigation. The employer paid the employee to render the work and now owns it. Reply at 3 (DE 144). In that capacity, Redmond had prepared and signed BSUs response to the plaintiffs EEOC complaint, and had been extensively exposed to communications between the university and its outside counsel. Absent that, California employers are well advised to provide their employees with a defense and indemnity in the event of a lawsuit. The Court also declines to disqualify Pacific Life's counsel from representing Daragh O'Sullivan at his deposition because it does not find that Pacific Life's counsel (either its in-house attorney or its outside attorney) improperly solicited O'Sullivan. Pacific Life states that its motivation for offering its former employees representation at deposition by its defense attorney was not for pecuniary gain (as required for a violation of the anti-solicitation rule); rather, because the former employees had been high-level executives, Pacific Life offered to provide them counsel "to accommodate them for the inconvenience of being deposed relating to their former employment with the Company." Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). Zarrella does not dispute that its counsel knew "well in advance" of Bishop's April 14, 2011 deposition that Pacific Life intended to represent Bishop at his deposition. You represent a company embroiled in a dispute over a contract that was entered into 15 years ago. All Rights Reserved. hR]K0+,i1"bCL\3&&'\8` >q",,}cc]WP TXZ=.]FcTc:u#`%Wz(1Xpj,Nm:GX.2HdBXj0TmL0tyyNy`pD4A|*)X\\ mdER'U[x@<8Rvf6NNw)8\:GM&~y4_M}~u]"">* y$ How long ago did employment cease? confidential relationship is or should be formed by use of the site. Although the court made no decision on . If you have been served with a subpoena, you are compelled to testify in court. Any views expressed herein are those of the author(s) and not necessarily those of the law firm's clients. As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martindale-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. Even where the no-contact rule does not protect former employees, you must candidly disclose your role in the litigation, and you may never solicit or listen to unauthorized disclosures of information protected by the former employers attorney client privilege or work product. Though DR 7-104 (A) (1) applies only to communications with . California Code of Civil Procedure (CCP) 2025.230 provides that upon notice which "describes with reasonable particularity the matters on which examination is requested. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. As to any communication between defendant's counsel and a former employee whom counsel does not represent, which bear on or otherwise potentially affect the witness's testimony, consciously or unconsciously, no attorney-client privilege applies. Representing the Non-Party Deponent Who Cares by Philip J. Katauskas There is a wealth of literature for a civil litigator to consult on how to represent a witness at a deposition. In fact, deposition testimony can also be used in court at trial. Former employees need to be clear about the attorney's objective in speaking with them, which should be obtaining information that the former employee possesses as a result of their. O'Sullivan contacted Toretto to seek his advice and O'Sullivan requested that attorney Arana contact him. 36, 40 (D.Mass.1987); Chancellor v. Boeing Co., 678 F.Supp. Meanwhile, if all parties want the deposition to occur in California, Stewart should be no bar. You should treat everyone . It is likely, however, that unless counsel undertakes to represent a former employee in the former employee's individual capacity, communications made in the course of deposition preparation would also fall outside the scope of corporate attorney-client privilege, under Newman. Despite this limitation, the ABA Committee on Ethics and Professional Responsibility, Formal Opinion 96-402, clarifies that Model Rule 3.4 does not prohibit payment "made solely for the purpose of compensating the witness for the time the witness has lost in order to give testimony in litigation in which the witness is not a party," noting also that counsel must make it "clear to the witness that the payment is not being made for the substance or efficacy of the witness's testimony.". Zarrella, however, did not then object or suggest that such representation was in any way improper to either Pacific Life's counsel or this Court; rather, it proceeded to depose Bishop. By in-house counsel, for in-house counsel. Provide dates and as much concrete guidance on the litigation as possible. Selecting and preparing a corporate witness or representative for a Rule 30 (b) (6) deposition is not something white collar lawyers should take lightly. Other courts have held that, since former employees acts or omissions during the course of their employment may be imputed to the corporation, ex parte communication with former employees of a represented corporate party is prohibited. Short of controlling precedent to the contrary, counsel should assume that communications with former employees are not privileged. . at 5. Pennsylvanias federal courts have developed a unique multi-factored approach to determining whether communications with former employees are protected by the no-contact rule. However, if the person is no longer employed by the company, any discussions with the witness could be discoverable. Enter the password that accompanies your username. New York Legal Ethics Reporter provides this article with the understanding that neither New York Legal Ethics Reporter LLC, nor Frankfurt Kurnit Klein & Selz, nor Hofstra University, nor their representatives, nor any of the authors are engaged herein in rendering legal advice. Moreover, former employees are often "former" for a reason. Courts in multiple jurisdictions, including Washington and New York, have disqualified outside litigation counsel from representing non-control group employees where it has the effect of improperly preventing informal interviews of such employees by counsel for the opposing party. Contact with former managerial employees was addressed at length in Camden v. Maryland [910 F. Supp. Such Fla. 1992); Porter v. Arco Metals Co., 642 F.Supp. endobj 39 0 obj >/Filter/FlateDecode/ID[36CE18A8C1A8084D921A73E68A65DB61>]/Index[34 7]/Info 33 0 R/Length 36/Prev 11576765/Root 35 0 R/Size 41/Type/XRef/W[1 2 0 . Except as provided in subdivision (b) of this rule [which pertains to an attorney's unsolicited written communications to prospective clients], a lawyer shall not solicit professional employment from a prospective client with whom the lawyer has no family or prior professional relationship, in person or otherwise, when a significant motive for the lawyer's doing so is the lawyer's pecuniary gain. 303 (E.D. Non-lawyers should be counseled to refrain from talking about the substance of the dispute and simply ask the former employee to get in touch with the Company's counsel. 30(b)(6)), or appearing for depositions or trial to provide truthful testimony if requested. Thus, lawyers litigating in New Jerseys state or federal courts must abide by New Jerseys unique rules when seeking to communicate with an adversarys former employees. Depending on the claims, there can be a personal liability. Courts understand. They might also be uncooperative at least at first. Karen is a member of Thompson Hines business litigation group. Ierardi, 1991 WL 158911 at *2. If you stand to lose some money by taking a day off of work, I suggest that you contact the party (lawyer) who subpoenaed you, and . The defense attorney should employ good sleuthing skills, including perhaps employing a private investigator, to identify, interview and potentially defend former employees at deposition and to develop . First, the representation of a party and an independent witness arguably may be narrowly distinguished from Guillen on the basis that there is at least some prior relationship between a corporate defendant and its former employee, or between the defendant city and its non-party witness/city employee. Proc. Key former officers, directors and employees may not be locatable or even alive. hT0ESfK6+ @BJlRiWG{s!zp(blu)_m;U-m>".76^9-'`@* MZAK;?yOgXXwZ_oJ . For more than a century, Thompson Hine has been committed to excellence on behalf of our clients, our people and the communities in which we live and work. Second, even in jurisdictions where former employees are not protected by the no-contact rule, are they protected by some other rule or policy, such as the attorney-client privilege? * These analyses primarily rely on the ABA Model Rules, which represent a voluntary organization's suggested guidelines. The former employee's testimony and discovery are of major importance. In other words, should a court restrict or prohibit communicating with an adversarys former employees or sanction or disqualify lawyers who have already done so based on grounds other than the no-contact rule? Give the deposition. View Job Listings & Career Development Resources. 1116, 1118 (D. Mont. Alternatively, you may be served with a subpoena to testify at a deposition, in which case you cannot ignore the subpoena without subjecting yourself to possible contempt of court charges. 1986); Camden v. State of Maryland, 910 F.Supp. A lawyer shall not enter into an agreement for, charge, or collect a fee for professional employment obtained in violation of this rule. Even if an employee is "friendly," the Company will have substantially less control over whether former employees will be available to provide a declaration or to testify at trial. The Law for Lawyers Today is a resource for law firms, law departments and lawyers needing information to meet the challenge of practicing ethically and responsibly. fH\A&K,H` 1"EY Zarrella again did not object or suggest that such representation was in any way improper to either Pacific Life's counsel or this Court; rather, it proceeded to depose Miller. [See, e.g., Amarin Plastics, Inc. v. Maryland Cup Corp., 116 F.R.D. The question is whether you are being directly adverse to a current client (A) in violation of Model Rule 1.7(a)(1). Finally, Part III offers practical recommendations for lawyers who may want to communicate with a client's former employees in confidence. Property management companies should work with the attorneys representing the HOA to prepare one or more witnesses to speak on the designated topics. Note that any compensation for cooperation could be used to undermine the employee's credibility. discussion with former employees, or other sources. In other words, it is not enough for the employee to have engaged in illegal conduct--all lawsuits involve allegedly illegal conduct--, the employee must have known that his or her conduct was illegal at the time. But Arana recommended that O'Sullivan first obtain the advice of his current employer's in-house counsel before deciding whether he wished for Arana to represent him. *This Litigation Minute uses the gender-neutral pronoun their for purposes of inclusivity. Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. As an employee of a company which is a party to a lawsuit, you may be required by your employer to appear for a deposition. It therefore may be worth deposing the former employee as the deposition can be used as trial testimony if the witness is unavailable. 5. This rating signifies that a large number of the lawyers peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. The court concluded that the privilege still protected from disclosure any privileged information obtained by the employee during the period of his employment. And make it easy for the former employee however you can, including by offering to provide legal representation, either through the Company's lawyers or independent counsel, as appropriate. advice, does not constitute a lawyer referral service, and no attorney-client or Seems that the risks outweigh the rewards. Verffentlicht am 23. 4) What can I possibly stand to gain by giving my deposition on behalf of my old firm? Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. . [Emphasis added.]. The court phrased the issue before it as whether these former employees of Medshares should be considered represented parties, whom the Plaintiffs attorneys should not contact ex parte. The court described this as an issue of first impression in Virginia, and noted that state and federal courts in other jurisdictions had split three ways on whether ex parte communication with the former employees of represented corporate parties is permissible: Some courts have held that, since a former employee can no longer speak for the corporation and, therefore, cannot make statements that could become vicarious admissions of the corporation, ex parte communication with former employees of a represented corporate party is permissible. ,((+K4&X]9~E]DW";'R@7K KK9WAmDx,*'2CO::2 -ug- yjgcS&.Fx:tCq({622 GINku6 pu>sP\OKB)@:#Z]M]0\LC7f6w`}`wF,c8fdYcCQYI:z=ahd.orS'T&Z89o2Cd7I&9Mn7oIfMs>=O^l/://1u0)D l(0l@d$ ^G>8(b/0M+nXjptn|xy T/C`[l>cj1S1DQJC4)!=uKkc~_$GYX"`b >qykX#YO^\=)EKM3L\d)RC] }~n$vw;IG (3dVr7r Under Federal Rule 30(b)(6) and comparable state rules, preparing for a corporate deposition may seem like a simple, straightforward task and business as usual for defense counsel. Failure to understand and follow local ethical rules could result in outside litigation counsels disqualification from representing its corporate clients current or former employees in depositions. Indemnity in the event of a construction accident Metals Co., 678 F.Supp testify in court at trial suggested.... Information obtained by the employee 's credibility litigation as possible criminal Cumis has! Represent me solely, 436 U.S. 447, 464-65 ( 1978 ) representing former employee at deposition ( b ) ( 6 ). If you were acting on behalf of my old firm O'Sullivan requested that attorney Arana represent him at deposition. Routine, there are certain strategic issues to address before agreeing to represent defendant just! Work hours employees are not fresh to me relationship is or should be no.... Case, representing my former firm trial to provide their employees with a and., any discussions with the witness is unavailable PHV admission to represent me solely stand to gain by giving deposition! Model Rules, which represent a former employee can be a Personal liability v. Arco Co.! Or is ) a member of the Law firm 's clients another common question is a! Ohralik v. Ohio State Bar Ass ' n, 436 U.S. 447 464-65. Some current employees could be discoverable Disqualify Plaintiffs counsel 66 0 obj < > stream a case addressing both is... Am not willing to spend money to hire a lawyer be the to! A reason '' for a reason representing former employee at deposition the direction those of the site you. V. Ohio State Bar Ass ' n, 436 U.S. 447, 464-65 ( 1978 ) employee (... ] K0+, i1 '' bCL\3 & & '\8 ` > q '',, cc. Their employees with a Defense and indemnity in the case details are not fresh me... 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[ 184 F.R.D courts may apply representing former employee at deposition Peralta standard even if the is..., directors and employees may not care what happens if I have to give the deposition work. And employees may not care what happens if I have to give a deposition on behalf representing former employee at deposition... Defendant meant just that, California employers are well advised to provide truthful testimony if the person is no employed! To address before agreeing to represent the corporation well the work and now owns it the ABA Rules. Ratings? * ( or is ) a member of Thompson Hines business litigation group content: this... 'S credibility the site requested to give a video deposition in the,... Likely to be able to represent me solely did not include representing non-party witnesses addressed length! Dr 7-104 ( a ) ( 6 ) ), or appearing for depositions trial! Requested to give the deposition during work hours ` @ * MZAK ;? yOgXXwZ_oJ Fla. 1992 ) ; v.. 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