[Authors: Vikram S. Arora; Madhavi Seth]

Of all the stages of litigation, discovery is arguably the most critical. Discovery can uncover evidence that supports or weakens a party’s underlying theory of a case. In discovery, litigators also can find themselves walking a fine line between zealous advocacy and ethical pitfalls. Modern American jurisprudence has led many attorneys to seek guidance on their obligations under Illinois procedural and professional conduct rules when preparing their client’s employees as witnesses and contacting an adverse party’s former or current employees during discovery.

Therefore, it is worth exploring how to comply with Illinois and federal professional and procedural rules when preparing a client’s employees as knowledgeable witnesses and contacting the adverse party’s employees for evidence. Being aware of the sanctions that attorneys may face for not meeting their obligations under the rules also is important.

Originally published in the Illinois Bar Journal - August 2020.