The practice of employment law can present challenges to even the most conscientious practitioner. When is it proper and when is it a problem to represent two employee-plaintiffs together in a lawsuit? And when can and can’t you represent an employer-defendant along with a manager who has also been sued? If you represent plaintiffs, what do you do when your prospective client walks into your office explaining she’s downloaded lots of company documents onto a thumb drive? If you represent defendants, what do you do when you learn that an employee did that? Can a plaintiff’s lawyer interview witnesses who currently work for the employer? If so, which ones? Can the employer’s attorney tell these witnesses not to talk to the plaintiff’s attorney? What information can be withheld by both lawyers, if any, during settlement negotiations?
Join the experts as we examine the best ways to avoid ethical lapses while vigorously representing your employer and employee clients, the judgment calls you’ll need to make alongside the principles that should guide you in making them, as well as what issues the courts and bar authorities consider in evaluating your conduct. Hear the faculty present these issues in the lively format of hypotheticals reflecting real-life dilemmas faced by practitioners representing both employers and employees.
Join the experts as we examine the best ways to avoid ethical lapses while vigorously representing your employer and employee clients, the judgment calls you’ll need to make alongside the principles that should guide you in making them, as well as what issues the courts and bar authorities consider in evaluating your conduct. Hear the faculty present these issues in the lively format of hypotheticals reflecting real-life dilemmas faced by practitioners representing both employers and employees.
Course Content
3:00 - 3:05 pmQuestions You Should You Ask Before Deciding You Can Ethically Represent Co-Plaintiffs or Co-Defendants
Paul G. Lannon, Jr., Esq.,
Holland & Knight LLP, Boston
Ellen J. Messing, Esq.,
Messing, Rudavsky & Weliky, PC, Newton
3:05 - 3:15 pm
Steps Defense Lawyers Should Take and Avoid Taking if an Employee Has Taken Company Documents
Paul G. Lannon, Jr., Esq.,
Holland & Knight LLP, Boston
Ellen J. Messing, Esq.,
Messing, Rudavsky & Weliky, PC, Newton
3:15- 3:20 pm
Preliminary Questions a Plaintiff’s Lawyer Should Ask a Witness Before Questioning Them - if the Witness Is a Current Employee of the Defendant
Paul G. Lannon, Jr., Esq.,
Holland & Knight LLP, Boston
Ellen J. Messing, Esq.,
Messing, Rudavsky & Weliky, PC, Newton
3:20 - 3:25 pm
Employer or Employee Property
Paul G. Lannon, Jr., Esq.,
Holland & Knight LLP, Boston
Ellen J. Messing, Esq.,
Messing, Rudavsky & Weliky, PC, Newton
3:25 - 3:35 pm
Contingent Fee Agreement
Paul G. Lannon, Jr., Esq.,
Holland & Knight LLP, Boston
Ellen J. Messing, Esq.,
Messing, Rudavsky & Weliky, PC, Newton
3:35 - 3:40 pm
Attorney-Client Privilege
Paul G. Lannon, Jr., Esq.,
Holland & Knight LLP, Boston
Ellen J. Messing, Esq.,
Messing, Rudavsky & Weliky, PC, Newton
3:40 - 3:45 pm
Responsibility for Associates
Paul G. Lannon, Jr., Esq.,
Holland & Knight LLP, Boston
Ellen J. Messing, Esq.,
Messing, Rudavsky & Weliky, PC, Newton
3:45 - 3:50 pm
Contacting Employees of an Adverse Corporate Party
Paul G. Lannon, Jr., Esq.,
Holland & Knight LLP, Boston
Ellen J. Messing, Esq.,
Messing, Rudavsky & Weliky, PC, Newton
3:50 - 4:00 pm
Settlements
Paul G. Lannon, Jr., Esq.,
Holland & Knight LLP, Boston
Ellen J. Messing, Esq.,
Messing, Rudavsky & Weliky, PC, Newton
Please Note
This webcast is delivered completely online, underscoring their convenience and appeal.
There are no published print materials. All written materials are available electronically only.
They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.
Speakers
ChairEllen J. Messing, Esq.,
Messing, Rudavsky & Weliky, PC, Newton
Faculty
Paul G. Lannon, Jr., Esq.,
Holland & Knight LLP, Boston
