Ethical Issues in Employment Litigation

• Joint Defense and Representation
• Inadvertent Disclosure and Improper Acquisition of Privileged Material
• Ethical Issues in Settlement Negotiations

American Bar Association

Labor and Employment Law Section

1999 Annual Meeting

Morgan, Lewis & Bockius LLP

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Special considerations arise when an attorney represents both an employer and its employees in employment litigation. Among these concerns is the ability to protect communications during the course of the joint representation and the potential that the interests of the employer and the employee may be adverse or become adverse in the future. This section outlines the joint defense privilege, the importance of obtaining joint defense agreements, and the ethical issues involved in such a joint representation.