If you are involved in litigation against an organization, interviews with the former employees of that organization could make or break your case. Although these communications do not require the consent of opposing counsel, the State Bar of Georgia recently clarified what ethical considerations still apply.
On March 25, the State Bar of Georgia filed a Petition for Review of Formal Advisory Opinion Board No. 20-1 with the Supreme Court of Georgia. 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. 20-1 seeks to make those restrictions and requirements more explicit.