3rd Circuit Panel Reverses Lawyer's Disqualification in Employment Case

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No ethical rules are violated when a plaintiffs lawyer in an employment discrimination case communicates directly with another employee of the company if that worker is not in a position of authority and does not communicate regularly with the company's lawyers, the 3rd Circuit has ruled. The panel reversed a decision by U.S. District Judge Gene E.K. Pratter, who disqualfied attorney Jana Barnett after finding that she had "manipulated" an employee to get access to privileged and confidential information.

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