Late last year, the Supreme Court of Georgia approved several amendments to the Rules and Regulations for the Organization and Government of the State Bar of Georgia. (See http://www.gasupreme.us/rules/amendments-to-rules/). Those amendments, which became effective on Nov. 2, 2016, included several changes to the Georgia Rules of Professional Conduct (the “Georgia Rules”) which are discussed below.
Rule 4.4(b)
In a prior publication, the author discussed certain issues associated with the inadvertent disclosure of privileged documents. (See “Inadvertent Production of Privileged Documents: What Every Georgia Lawyer Should Know,” Daily Report, April 29, 2014.) Among the topics discussed was the following scenario: In reviewing materials produced in discovery, a lawyer discovers that opposing counsel inadvertently produced privileged documents. Is the lawyer required to notify opposing counsel of this error? Until the recent amendments to the Georgia Rules, that answer to this question were unclear for Georgia lawyers.
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