Ethical Issues in Employment Litigation: Joint Representation, Conflicts, Privilege, Third-Party Payment
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will discuss the unique ethical issues encountered by employment litigators given the nature of the employer/employee relationship and will offer guidance on best practices for compliance with ethical rules and acting in the best interests of the client, whether employer or employee.
Outline
- Introduction
- Ethical issues in employment litigation and applicable rules of professional conduct
- Joint representation of employer and employee
- Third-party payment issues: when an employer pays for an employee's representation
- Conflicts agreement/disclosures - representing multiple plaintiffs
- Confidentiality and disclosure issues
- Duty to preserve evidence
- Inadvertently disclosed documents
- Access to employee confidential or privileged communication on company devices
- Preparing deposition witnesses
- Ex parte communication between plaintiff's counsel and employer's current and former employees
- Settlement issues
- Others
- Practitioner takeaways
Benefits
The panel will review these and other important considerations:
- How does the employer/employee relationship raise unique ethical issues for litigators?
- What are key ethical concerns employment litigators face when representing the employer? A defendant employee? The plaintiff employee?
- What rules of professional conduct govern the ethical considerations that arise during employment litigation?
Faculty

Beth W. Mora
Attorney
Mora Employment Law
Ms. Mora is dedicated to representing victimized employees, as well as those facing a wide range of employment law... | Read More
Ms. Mora is dedicated to representing victimized employees, as well as those facing a wide range of employment law issues. She is often invited to speak, has published numerous articles, and has been quoted in legal journals on issues impacting employees and the legal community.
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Tyler M. Paetkau
Partner
Husch Blackwell
A California-based litigator, Mr. Paetkau has represented employers in labor and employment law matters for over 30... | Read More
A California-based litigator, Mr. Paetkau has represented employers in labor and employment law matters for over 30 years. As both a trusted advisor and litigator, he has handled a variety of labor and employment challenges, including claims of wrongful termination, discrimination, retaliation, sexual harassment, defamation, wage and hour violations, unpaid commissions, collective and class actions, and unfair labor practice charges. Mr. Paetkau also represents employers in litigation involving unfair competition, misappropriation of trade secrets, restrictive covenants, and employee mobility issues. He also has extensive experience representing employers in traditional union-management labor relations matters, including union organizing campaigns, strikes, and collective bargaining negotiations. Mr. Paetkau also specializes in international labor and employment law issues and is active in the ABA’s International Labor and Employment Law Committee. He is a frequent writer and speaker on employment law issues.
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