May a plaintiff’s lawyer depose an employee of a dismissed defendant without notifying that former defendant’s counsel?

Plain-English summary

A plaintiff dismissed one of two defendants and asked whether the plaintiff’s lawyer could depose an employee of the dismissed defendant without notifying that party or its counsel.

The published answer is “Yes.” It provides no further explanation.

Currency note

This opinion was issued in 1996, before Missouri’s 2007 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Which party had been dismissed?

A: Defendant B, whose employee was the proposed deponent.

Background and rules framework

The answer cites no numbered rule.

See also

• Missouri Informal Op. 960192: Employee Contact
• Missouri Informal Op. 960293: Business Employee Interview

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/960146/
• Rule revision reference: Missouri Informal Opinion 970082

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney represents Plaintiff. Plaintiff sued Defendant A and Defendant B. Plaintiff dismissed the suit against Defendant B. May Attorney depose an employee of Defendant B without notification to Defendant B and its counsel? ANSWER: Yes.