Dec 05, 2021 · A sexual misconduct allegation led to the firing of CNN primetime anchor Chris Cuomo, attorney Debra Katz said Sunday. Katz said her client, whom she declined to name, came forward after Cuomo ...
Ford (above left) “welcomes this step in the process,” her attorney, Debra Katz, said in a statement. Katz added that Ford also believes “no artificial limits as …
Aug 28, 2015 · Recognized as "Civil Rights Lawyer of the Year" for Washington, D.C. by The Best Lawyers© In America for 2018, as one of the “toughest” employment lawyers in Washington, D.C. by Washingtonian magazine, and as an expert in sexual harassment, employment, and whistleblower law by The New York Times, The Washington Post, TIME magazine and others, …
Dec 05, 2021 · "My client came forward at this time because she felt in sharing her story and related documentation, she could help protect other women," Debra Katz said in a statement on Sunday. She added that ...
Settlement raises a number of difficult issues when representing multiple plaintiffs. Rule 1.8 (g) provides that: "A lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims of or against the clients . . . unless each client consents after consultation, including disclosure of the existence and nature of all the claims . . . involved and of the participation of each person in the settlement." See Rule 1.8. Under Model Rule 1.2 (a), a lawyer must abide by a client's decisions concerning the objectives of representation and whether to accept an offer of settlement.
The ABA Model Rules, as for most other ethics standards, permit multiple representation of non-adverse clients, provided that there is suitable informed consent in advance. The ABA Model Rules further require that the lawyer reasonably believe that multiple representation will not adversely affect the lawyer's ability to adequately represent each client. The issues that typically arise in multiple representation situations are: (1) the potential existence of conflicts in the joint representation, how to minimize them, and obtain informed consent; (2) the nature of informed consent needed; (3) issues arising from the joint settlement of plaintiffs' claims; and (4) the attorney's obligations if conflicts arise subsequent to obtaining informed consent to the multiple representation. The analogous ethical conflicts that may arise in employment discrimination class actions are not discussed here, but have been recently summarized by Mersol. See G.V. Mersol, "Ethical Issues in Class Action Employment Litigation," 20 Labor Lawyer 55 (2004).
The problem implicated by successive representation is the potential for the use of confidences gained from a former client to the detriment of that client. A related problem is the failure to use information favorable to the present client in order to protect the confidentiality of the former client.
An important ethical issue that can arise during settlement negotiations occurs when a settlement agreement precludes an attorney from using information acquired in one case in future litigation involving other clients or otherwise restricts an attorney's ability to practice law. Given that cases are more likely to be settled than go to trial, it is imperative that employment litigators be aware of these and other pitfalls that may occur in settlement. See generally American Bar Ass'n, Section of Litigation, Ethical Guidelines for Settlement Negotiations (2002).
The issue of whether in-house or outside counsel can represent both a defendant employer and its managerial or supervisory employees who are also individual defendants, which frequently occurs in other legal contexts (e.g., white collar defense and securities derivatives litigation), has become increasingly important in employment discrimination litigation.
In such situations a lawyer can only represent the client if the lawyer "reasonably believes" the representation will not be affected, the representation is not prohibited by law, there are no client conflicts, and each client gives informed consent in writing.