In-House Lawyer Hit With Malpractice Charge After Employee Deposition

A court of appeals found that when an in-house counsel took an employee’s deposition without giving him proper warning, and that employee was subsequently fired because of what he disclosed, it may have been malpractice and the suit against the counsel should continue. Prior to giving a deposition regarding a workplace accident, the employee was told by company counsel his job would not be affected as long as he told the truth. However, after discrepancies were discovered between the deposition and previous written statements, the employee was fired. He then sued for wrongful termination and malpractice.