I am legally oblige to answer questions of a lawyer that represent my old employer in a case?
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I am legally oblige to answer questions of a lawyer that represent my old employer in a case?
I got contacted by a law firm about a case against my past employer. they said they will be representing my past employer in the case. they need some information about the care of the plaintiff, and it seems like i was one of the care team member. I agree to meet with the lawyer but i don’t really feel comfortable doing it anymore because they wouldn’t tell me over the phone exactly what the case is about, they gave me the plaintiff name and just said that it was about a wound. I quit that company a year ago. Am i legally oblige to meet with that lawyer? Should i get a lawyer? Can i just discuss the matter over the phone with that lawyer? I need help thanks.
Asked on April 22, 2016 under Employment Labor Law, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You don't have to meet with them or talk to them unless you are subpoenaed: if you are subpoenaed, however, you will have to answer their questions, including on the record (e.g. during a deposition). Similarly, you also can't be compelled to testify at trial unless subpoenaed, but if subpoenaed, will have to appear and testify.
You can therefore refuse to speak to them at all, and wait to see if you are subpoenaed; or you could ask for more information and say you won't decide what you will do unless they provide information; and/or you could ask if they will pay you for your time to testify, etc.--it's really up to you, what you want to do.
You don't need an attorney unless you feel there is some chance you could be personally implicated or liable for some wrongdoing; if you think that's the case, don't speak to them and, if subpoenaed (or worse: named in a suit as a party), retain an attorney.
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