Jenkins v. Wal-Mart Stores, Inc.

MEMORANDUM ORDER

WILSON, United States Magistrate Judge.

The parties have asked the court to decide whether plaintiff’s counsel may interview former and current employees of defendant, Wal-Mart Stores, Inc. (“Wal-Mart”), outside the presence of Wal-Mart’s counsel. Both sides have briefed the issue, and we decide as follows.

Our discussion is governed by Rule 4.2 of the Rules of Professional Conduct of the Louisiana State Bar Association. 1 The dual purposes behind Rule 4.2 are to prevent disclosure of attorney/client communications, and to protect the party from “liability-creating” statements…