Can I Get A Witness (to talk to me)? Ethics CLE

Employees of Represented Organizations, RPC 4.2, and Practical Realities

Every Tennessee lawyer knows there is an ethical restriction on communicating with someone represented by counsel. When the parties to a case are individuals, resolving questions about whether they are represented by counsel and whether the communication would relate to the matter in which they are being represented are straightforward.  When one or more parties to a matter are organizational entities, however, questions can be (or at least can seem to be) less clear. This program will explore the interrelationship between RPC 1.13 governing representation of organizational entities and RPC 4.2 on communication with represented persons. Along the way, Parke Morris, whose practice is almost exclusively on the plaintiff's side of matters, and Brian Faughnan, Chair of the TBA Ethics Committee and a lawyer who is more often than not on the defense side of matters, will discuss practical guidance in approaching these issues.

SAVE MONEY: Use the prepaid CLE credits that come with your TBA Complete Membership and take this course for free. Not a TBA member, join now to start saving.

The presentation did a great job of sharing the Plaintiff and Defendant sides regarding whether an employee is currently represented by the corporation's corporate counsel and how to properly go about contacting a potential witness. The potential exposure for defense counsel claiming to represent all employees was also an interesting point.

Very helpful even though it focused on an example outside of my normal practice.

Great panel. Lively discussion about a good topic.

Good and informative.

The presentation was informative and professionally delivered. I learned some new things.

Good discussion about recurring practical issues.


This course is no longer available for purchase.

Course Information Webcast - Archived Video Highlights
  • Ethics Credit
  • Dual PowerPoint and video presentation
  • Viewable on desktop, iPad, and mobile
  • Flexible to your schedule
Course Credits Dual Credits: 1.00
General Credits: 0.00
Total Credits: 1

This program will be filed for Tennessee CLE credit. Please email a request to for Georgia and Mississippi CLE credit.