LEO: Contacting Employees of Adverse Party LE Op. 801
Contacting Employees of Adverse Party.
May 27, 1986
It is improper for an attorney to directly contact the employees of an adverse party for the purpose of investigation if said employees occupy positions within the corporation such that they could commit the corporation to specific causes of action which would lead one to believe that the employees are the alter-ego of the corporation, i.e. that said employees are members of the corporation's “control group” as defined in Upjohn Co. v. U.S., 449 U.S. 383, 101 S. Ct. 667 (1981). [LE Op. 795]
Committee Opinion May 27, 1986
See also LE Op. 1076
LEO: Contacting Employees of Adverse Party, LE Op. 801 (1986)