The Use of a Courtesy Defense for Former Employee Depositions and Trial Testimony: An Arrow in the Quiver, an Ethical Trap, or Both?

During the recent Federation of Defense and Corporate Counsel (FDCC) Winter Meeting in St. Petersburg, Florida, Partner, Luke Sbarra, moderated a two-day presentation on February 26th and 27th focusing on the benefits and practical and ethical issues of using a courtesy defense to represent former employees in litigation against your client. Industry and attorney members discussed the challenges of providing a courtesy defense to a former employee being deposed or testifying at trial in healthcare, transportation, employment, and premises liability.

The first day’s presentation focused on best practices, potential issues, pitfalls, etc. The second day focused on ethical issues that may arise.

Moderator: Luke P. Sbarra – Hedrick Gardner Kincheloe & Garofalo, LLP

Speakers:

Tarush R. Anand – McGlinchey

Thayla Painter Bohn – American Fidelity

Max H. Brusky – Bulkmatic Transport Company

Jacqueline Genesio – Cascadia Healthcare

LaShawnda K. Jackson – RumbergerKirk

Robert C. Lockwood – Lockwood & Associates