Two Decisions Highlight the Perils of Witness Contact

June 17, 2015  |  New York Law Journal

In recent weeks, Southern District Judges J. Paul Oetken and Paul A. Engelmayer each issued decisions addressing different ethical dimensions of contact between attorneys and witnesses, in one case finding that the proposed contact was impermissible, and in the other finding that counsel’s lack of witness contact was problematic. In this article, we discuss these decisions, highlighting the complicated issues that counsel face interviewing witnesses in a litigation context.

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