Q: I am an employee of Employer X, and I have been sued in civil district court. Employer X is also a named defendant in the same lawsuit. Do I need to hire my own attorney?

A: It depends on the nature of the claim. Generally, we see these representation issues arise when co-employee gross negligence or an employment law claim is alleged. In those contexts, usually, your employer will provide you with representation, generally the same attorney. This is because you and your actions are likely covered under the employer’s general liability policy or EPLI policy. In these situations, there are usually no conflicts because you and your employer are on the same side and have the same legal arguments/defenses. However, if you are pointing the finger at your employer as the liable party, or vice versa, then a conflict will arise requiring separate representation and you would need to hire your own lawyer.