I am legally oblige to answer questions of a lawyer that represent my old employer in a case?

UPDATED: Sep 30, 2022

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I am legally oblige to answer questions of a lawyer that represent my old employer in a case?

I got contacted by a law firm about a case against my past employer. they said they will be representing my past employer in the case. they need some information about the care of the plaintiff, and it seems like i was one of the care team member. I agree to meet with the lawyer but i don’t really feel comfortable doing it anymore because they wouldn’t tell me over the phone exactly what the case is about, they gave me the plaintiff name and just said that it was about a wound. I quit that company a year ago. Am i legally oblige to meet with that lawyer? Should i get a lawyer? Can i just discuss the matter over the phone with that lawyer? I need help thanks.

Asked on April 22, 2016 under Employment Labor Law, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You don't have to meet with them or talk to them unless you are subpoenaed: if you are subpoenaed, however, you will have to answer their questions, including on the record (e.g. during a deposition). Similarly, you also can't be compelled to testify at trial unless subpoenaed, but if subpoenaed, will have to appear and testify.
You can therefore refuse to speak to them at all, and wait to see if you are subpoenaed; or you could ask for more information and say you won't decide what you will do unless they provide information; and/or you could ask if they will pay you for your time to testify, etc.--it's really up to you, what you want to do.
You don't need an attorney unless you feel there is some chance you could be personally implicated or liable for some wrongdoing; if you think that's the case, don't speak to them and, if subpoenaed (or worse: named in a suit as a party), retain an attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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