A United States Magistrate Judge recently recommended public reprimands for several management lawyers for violating ethical rules. The trouble arose out of a race discrimination case. The lawyers stand accused of engaging in deceptive practices that compromised the interests of the plaintiffs.

The lawyers hired an investigating firm to assist in building a defense. In order to obtain information, the investigators posed as employees at the company. The investigators concealed their identity and recorded conversations with employees. Some of the employees who were contacted by the under cover investigators were represented by counsel.

On September 6, U.S. Magistrate Judge Tim Baker held that five of the lawyers involved violated several ethics rules by directing the investigation. Judge Baker found that defense counsel "were actively involved in this investigation's conception, execution, and termination." The judge stated that counsel's "culpability is compounded by their failure to affirmatively advise, instruct or otherwise act to prevent contact with represented employees or prevent contact with unrepresented employees under false pretenses." Judge Baker recommended that the lawyers be publicly reprimanded. The lawyers are with Littler Mendelson based in San Francisco. The case is still pending in Indiana - Allen v. International Truck and Engine, No. 1:02-cv-0902-RLY-TAB (S.D. Ind.)