Potter Handy Reports: Google Violates Fundamental, Longstanding Legal Mandate; Ordered to Stop by CA Judge

SAN FRANCISCO--(BUSINESS WIRE)--Google’s in-house and litigation counsel, attorneys at Cooley LLP, were reprimanded by Santa Clara County Judge Charles F. Adams on January 31 for knowingly and repeatedly contacting represented plaintiffs, bypassing their known and identified attorneys. It is axiomatic in the practice of law that an attorney should never contact a represented opposition party.

Judge Adams issued an order establishing protocols for communications in ongoing mass tort litigation against Google, a complex case involving over 300,000 individual plaintiffs. The order specifically forbids Google’s counsel from contacting represented Plaintiffs.

“It’s shocking that attorneys of this caliber have to be ordered to follow globally known standards of legal ethics,” said Mark Potter, founding partner of Potter Handy, LLP. Potter Handy, LLP is representing hundreds of thousands of Google plaintiffs in this litigation, though not any of the plaintiffs Google is accused of contacting directly. “These are some of the best attorneys in the world. You don’t expect to see this sort of behavior from a member of the bar, especially from this level of litigator.”

The court's order establishes specific requirements for handling any communications from plaintiffs. Under these protocols, if Google (including employees, in-house counsel, or outside lawyers) receives communications from any plaintiff in the mass tort action, they must:

• Not respond to the communication
• Promptly notify the lawyer representing the individual
• Provide that lawyer with a copy of the communication

The order applies to two consolidated cases in Santa Clara Superior Court: Gilbert Luna, et al. v. Google LLC (Case No.: 24CV434093) and Adam Salcido, et al. v. Google LLC (Case No.: 24CV436497).

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