Here is a question that seems to come up from time to time in Alabama. Question: In Alabama, can a plaintiff’s lawyer talk to the employees working for a defendant corporation they are suing? The answer is yes. In Wal-Mart Stores, Inc. v. Goodman, 789 So.2d 166 (Ala. 2000) the Alabama Supreme Court stated:
“Alabama State Bar Ethics Opinions RO-84-160, RO-86-125, RO-88-27, and RO-88-34 answer the question whether any ethical prohibition forbids counsel to directly contact and interview witnesses for a defendant corporation without first contacting counsel for the corporation. These opinions stand for this proposition:
“[Opposing counsel] may directly contact and interview certain employee witnesses of the defendant, without the necessity of obtaining permission from the defendant or giving notice to the defendant’s attorney. … [But opposing counsel] may not interview, without notice and permission, witnesses who are in a position to bind the defendant. [In addition,] such contact may be initiated without reference to whether suit has been filed or is merely anticipated.”"
