Interference With Attorney Client Relationship In Georgia
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In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.
Under Georgia law, certain communications between an attorney and a client are deemed confidential and may not be used as evidence in a trial or even seen by the opposing party during the discovery phase (i.e., the initial fact-finding period) of litigation.
One of the most frequent ethical dilemmas in legal practice is the conflict of interest. This occurs when a lawyer's duty to one client is compromised by their duty to another client, a third party, or their own interests.
The common interest privilege allows one group of clients and their counsel to communicate confidentially with another group of clients and their separate counsel—without the requirement of active litigation.
Rule 1.16: Declining or Terminating Representation the representation will result in violation of the Georgia Rules of Professional Conduct or other law; 2. the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or 3. the lawyer is discharged.
This protection extends to any information exchanged during these privileged communications, encompassing not only verbal discussions but also written correspondence, emails, text messages, and other forms of communication. The privilege belongs to the client, meaning they have the authority to waive or invoke it.
5.1. Each municipal court shall keep a docket for criminal cases, arrests and search warrants, and a separate docket for all other actions.
