If you represent a victim of someone who suffered harassment in the workplace, can you contact another employee victim to get evidence? In Doe v. Superior Court (2019) Westlaw 2480029 (no official cite available yet) the Court of Appeal, Fourth District, Div. 1 answered this question "yes."
In her complaint, plaintiff victim alleged that another employee, "Andrea," was also a victim of Southwestern College's abusive conduct. Plaintiff's counsel noticed Andrea's deposition. Defense counsel told plaintiff's counsel that Andrea remained employed by the college and was entitled to representation and defense counsel was in the process of securing conflict counsel for her. The next day, plaintiff's counsel informed defense counsel that he now represented Andrea. The college cried foul and said plaintiff's counsel violated California Rule of Professional Conduct, rule 4.2 by communicating with Andrea. That rule prohibits lawyers from communicating with witnesses who are represented by counsel and current employees of a represented organization if the subject of the communication is any act or omission of that person which may bind the organization.
