Should an Attorney Be Allowed to Simultaneously Represent a Party and an Independent Fact Witness Deponent?
By Gawain Charlton-Perrin1 A. Introduction Imagine you are defense counsel for a retail store and presented with the following hypothetical factual situation: A plaintiff has filed a civil lawsuit against your clients store alleging that an employee, while pushing a restocking cart down an aisle, ran over and crushed the plaintiffs foot. The employee admitted he pushed a cart in the aisle near where plaintiff was present, but denied that he ever came into contact with plaintiff. Another customer was believed to be the only witness to the events. Plaintiffs counsel has subpoenaed that independent fact witness for a discovery deposition. You had planned to informally interview the witness prior to the deposition. However, before your interview with the witness, you received correspondence from the plaintiffs attorney indicating that he will represent the witness at the deposition and warning you not to contact the witness outside of his presence. In addition, plaintiffs counsel attached
