Rule 1.6 Georgia Rule of Professional Conduct

Rule 1.6 of the Georgia Rule of Professional Conduct provides sanctions for an attorney who violates attorney-client confidentiality rules. Specifically, Rule 1.6 requires a lawyer to maintain the confidentiality of all information gained in the professional relationship with a client unless the client consents to disclosure after consultation.

The attorney found out through social media that a current client has posted negative comments on consumer review websites about the attorney’s performance. Because of the posting, the attorney retaliated against the client for the negative comments by releasing personal and confidential information about the client on the Internet without her consent, a clear violation of Georgia Rule 1.6. In re Skinner, 740 S.E.2d 171 (Ga. Mar. 18, 2013).

The State Bar of Georgia, having been informed of the breach of duty, filed a formal complaint for disciplinary action against the attorney. In response, the attorney filed a petition for voluntary discipline, admitting that she violated Rule 1.6 of the Georgia Rules of Professional Conduct. The discipline meted out would be in the form of a reprimand, a mild form of discipline. Rule 1.6. The State Bar of Georgia rejected the attorney’s petition for a mild reprimand for the breach of duty. The attorney appealed to the Georgia Supreme Court (“GSC”).

In response to the petition, the GSC rejected the attorneys petition for leniency, even though the Office of General Counsel of the State suggested that special master would accept, and disposition the case. The outcome of the case in pending resolution with the GSC, which may result in the attorney being levied with stricter disciplinary measures for her violations.

The Georgia State Bar acted properly when discipline was brought against the attorney. Specifically, the rejection of the mild reprimand was paramount because if the discipline was accepted, additional legal professionals may expect an equivalent punishment for a...