Learning Lab

The Good Caretaker: How to Avoid and Resolve Ethical Issues in the Course of representing Farmworkers

The representation of farmworkers often presents situations and circumstances unique to farmworker advocacy. The proposed presentation will discuss ethics and the rules of professional responsibility within the farmworker advocacy context. Topics discussed during the proposed presentation may include: ethics in multi-client cases, confidentiality requirements regarding communications involving information related to the representation of a client (Rule 1.6); application of the attorney client privilege to individuals assisting farmworker organizations in the representation of a client or conducting related advocacy; document retention policies to safeguard client information and attorney work product; when farmworker advocate organizations may place limits on the scope of their representation (Rule 1.4); communications to the media about litigation and trial (Rule 3.6); termination of representation (Rule 1.16), and communication regarding attorney fees. Additionally, the proposed presentation seeks to provide content that may be used towards the professional responsibility and ethics continuing legal education (CLE) requirements for attorneys (in some states).

  • to identify situations which involve issues that implicate ethical concerns and responsibilities and be able to resolve these issues effectively.
  • identify and protect communications which implicate teh attorney-client privilege.
  • satisfy his/her CLE requirements for the year.

Trent Taylor, n/a

Staff Attorney

Colorado Legal Services, Migrant Farmworker Division

Trent Taylor is a Staff Attorney for Colorado Legal Services' Migrant Farmworker Division. Trent has been practicing as an employee side labor and employment attorney for over 14 years. Prior to joining Colorado Legal Services as its Staff Attorney in 2024, Trent served as Farmworker Justice's Staff Attorney for 3 years, where he, along with FarmStand and Jenifer Rodriguez of Colorado Legal Services, represented intervenor-defendants in a number of grower-led challenges to state migrant worker camp access provisions. Trent's experience extends to all levels of litigation, including trial and appeals, and has represented workers and their unions under a variety of statutes including the Fair Labor Standards Act (FLSA), the Migrant and Seasonal Agricultural Worker Protection Act (AWPA), National Labor Relations Act (NLRA), Railway Labor Act (RLA), Employment Retirement Income Security Act (ERISA), Trafficking Victims Protection Act (TVPA),The Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Norris LaGuardia Act (NLGA).

Erica Sweitzer-Beckman, Attorney

Farmworker Project Attorney

Legal Action of Wisconsin

Erica Sweitzer-Beckman is a Farmworker Project Attorney with Legal Action of Wisconsin. Erica has been a civil legal aid attorney for over a decade and has represented farmworkers for most of her legal career. Erica represents farmworkers in a variety of legal claims --including cases under the Agricultural Worker Protection Act, Wisconsin’s Migrant Labor Act, and state and federal administrative complaints. Attorney Sweitzer-Beckman also serves as Vice Chair of the Governor’s Council on Migrant Labor. She is admitted in the State of Wisconsin, the Eastern and Western Districts of Wisconsin, and the United States Court of Appeals for the Seventh Circuit.

D. Michael Dale

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