in Re: Formal Advisory Opinion No. 20-1

Summary

The Supreme Court of Georgia approved Formal Advisory Opinion 20-1, holding that a lawyer may contact a former employee of a represented organization without the organization’s counsel’s consent if the lawyer makes full disclosures and obtains the former employee’s consent, while respecting privilege and avoiding communication with a represented former employee. The Court also clarified that Rule 4.2 does not apply to former employees and that ABA rules are merely persuasive.