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Representing the Individual Defendant

By Alex W. Craigie

Attorneys are routinely asked to represent an individual co-worker or supervisor, as well as the employer defendant. However, not every such engagement is routine. Sometimes, because of the risk that evidence will be unearthed during discovery that could create an actual conflict between the employer and the individual defendant, separate counsel is retained from the start to represent the individual alone. Either situation can present unique challenges.

The aim of this article is to examine a few of these challenges. It focuses in particular on the inherent risk of unwittingly assuming the role of psychotherapist, the difficulty of gaining control over the demanding or doubting client, ethical situations arising from pressures from the employer or its carrier, and the sharing of information learned through attorney-client communications. Suggestions are provided that focus on effectively managing these challenges.

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