The American Bar Association has weighed in on a case being argued before the Georgia Supreme Court next month, urging the high court to protect law firms’ ability to confer with their in-house counsel about potential malpractice claims.The amicus briefs filed by the ABA and another national group, the Association of Professional Responsibility Lawyers, signal that the importance of the case goes beyond Georgia law firms and the consequences for the defendant in the matter, Savannah firm Hunter, Maclean, Exley & Dunn. The case against Hunter Maclean is the first time an appellate court of last resort will decide the scope of the attorney-client privilege for firm in-house counsel, said William Barker of SNR Denton in Chicago, who wrote the brief for the professional responsibility lawyers group.
He said the issue has been percolating since the late 1980s but only now is reaching appellate courts. Last year an Illinois appellate panel issued a decision favorable to law firms on the issue, but the Illinois Supreme Court declined to take up the case, Barker added.
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