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Danger Ahead

By Cal R. Burnton

It is not unusual for counsel defending a corporation in a product liability lawsuit to be called upon to prepare current or even former employees for deposition. Preparing such witnesses is one thing, representing them as counsel in the deposition is quite another. The word “caution” should be the watchword when taking on a dual representation. The act of “defending the witness' interests” by taking on his/her limited representation may leave counsel with real ethical dilemmas and even perhaps a legitimate disqualification motion.

The Pros and Cons of 'Protecting the Witness'

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