Under the ABA Model Rule of Professional Conduct 3.4(f) (2002), a witness does not have to speak to opposing counsel under the following certain circumstances:

A lawyer shall not:

(f)  request a person other than a client to refrain from voluntarily giving relevant information to another party unless:

1.    The person is a relative or an employee or other agent of a client, and
2.    The lawyer reasonably believes that the person's interests will not be adversely affected by refraining from giving such information.

Paragraph (f) permits a lawyer to advise employees of a client to refrain from giving information to another party, [otherwise] the employees may identify their interests with those of the client.

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