While Formal Advisory Opinion No. 94-3 notes that a lawyer may obtain non-privileged information from a former employee, the proposed opinion is more detailed and explicit about the prohibition on obtaining privileged information.
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Jan 18, 1994 · Official Opinion 94-3. You have asked for an official opinion as to whether O.C.G.A. § 33-36-3 (2) (I) would exclude unearned insurance premiums derived from a completed audit from those claims which must be paid by the Georgia Insurers Insolvency Pool ("GIIP"). GIIP is comprised of various licensed insurers in the State of Georgia who pay ...
Informal Advisory Opinions. Rule 4-402. The Formal Advisory Opinion Board. Rule 4-403. Formal Advisory Opinions. Rule 4-404. Immunity. Internal Rules - Formal Advisory Opinion Board. For a list of UPL Advisory Opinions, click here.
Apr 22, 2021 · The opinion is the redrafted version of Formal Advisory Opinion No. 94-3, which condones an opposing lawyer’s communications with former employees of an organization represented by counsel to ...
The opinion is the redrafted version of Formal Advisory Opinion No. 94-3, which condones an opposing lawyer’s communications with former employees of an organization represented by counsel to obtain information relevant to the litigation. These communications, however, are not without ethical restrictions and requirements.
Formal Advisory Opinion No. 94-3 also states that a lawyer must obtain the consent of the former employee to engage in the interview, which, if refused, would force the lawyer to resort to the procedures under the formal discovery process.
The most notable aspect of the redrafted opinion, however, is its discussion of the ethical restrictions and requirements placed on lawyers who wish to engage in these communications.
The redrafted opinion also speaks to the prohibition on direct communications with former employees to the extent that the former employee has already retained counsel —a subject on which Formal Advisory Opinion No. 94-3 is silent.
However, in doing so, the attorney must follow the requirements of Formal Advisory Opinion No. 94-3. The opinion requires a lawyer to fully disclose the identity of his or her client and to obtain the former employee’s consent before initiating the interview.
Georgia State Bar members may file comments to the proposed opinion by December 16, 2020. After the Formal Advisory Opinion Board considers those comments, it will decide whether to issue the opinion. Download PDF of Advisory. [ View source .]
In Georgia, an attorney may interview a former employee of an organization that is represented by counsel to obtain non-privileged information that could be used in litigation against the organization. However, in doing so, the attorney must follow the requirements of Formal Advisory Opinion No. 94-3.
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