Ethical Considerations in Employment Disputes: Guidelines for In-House, Outside and Plaintiffs’ Counsel

Robinson Bradshaw attorneys Fitz Barringer and Caleb Holloway discussed best practices for ethical engagement during employment-related disputes. The conversation touched on issues that matter for in-house counsel, outside counsel, plaintiffs’ counsel, and government agencies and other third-party investigators. Topics included who is and is not the client; dual or joint representation; establishing and maintaining privilege; Upjohn warnings; communicating with unrepresented persons, current employees and past employees; responding to unlawful conduct by a client or their employee; conduct during settlement negotiations; and where artificial intelligence fits into the ethical equation.