On December 16, 2020, WLF joined other leading civil justice organizations in opposing a proposed advisory opinion by the State Bar of Georgia that, if adopted, would fail to adequately safeguard a company’s privileged communications. Under proposed Formal Advisory Opinion No 20-1, a lawyer “may communicate with a former employee of an organization that is represented by counsel without obtaining that counsel’s consent.” As WLF explains in its comment opposing the opinion, allowing opposing counsel to engage in such ex parte communication with a company’s former employees would jeopardize the company’s attorney-client, work-product, and trade-secret privileges under Georgia law. WLF’s comment was drafted with the pro bono assistance of Mark Behrens at Shook, Hardy & Bacon L.L.P.
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