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In Re: Formal Advisory Opinion No. 20-1

CourtSupreme Court of Georgia
Docket No.S21U0879
DecidedMay 3, 2022
JudgesSupreme Court of Georgia
Tags
CivilProfessional ResponsibilityStatutory InterpretationEvidenceFirst Impression
Case Summary

The Supreme Court of Georgia considered a formal advisory opinion addressing whether a lawyer may contact and interview former employees of an organization represented by counsel to obtain information relevant to litigation. The State Bar’s advisory board concluded that an earlier opinion remained substantively correct under the Georgia Rules of Professional Conduct, while the Court reviewed and clarified the governing ethical guidance. The Court held that a lawyer may communicate with a former employee but must disclose the lawyer’s identity, the client represented, and the purpose of the communication. Before engaging in further communication, the lawyer must obtain the former employee’s consent when the circumstances require it, and the lawyer may not use the contact to intrude on privileged relationships or evade the organization’s legal protections. The opinion supplied guidance under the professional-conduct rules and approved the advisory framework with the stated clarifications.

Opinion

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In Re: Formal Advisory Opinion No. 20-1 — The Atlanta Gleaner