Many law firms readily admit that ethics compliance can be a source of anxiety. Law firms often have to balance their day-to-day tasks inherent in running a practice with handling ethics issues in a way to reduce the likelihood of malpractice claims.
Since the Georgia Supreme Court’s decision in St. Simons Waterfront v. Hunter, Maclean, Exley & Dunn, 746 S.E.2d 98 (Ga. 2013), which recognized a privilege for communications with in-house counsel and afforded work product protection for materials generated by in-house counsel, more law firms are designating an attorney as in-house counsel to resolve ethics issues or handle some malpractice claims. Indeed, there is no longer the same risk in Georgia that internal communications with a law firm’s in-house counsel are not protected. Some firms have gone even further by creating ethics or risk management committees to handle or consider such matters.
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