 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Outdoor Advertising Association of Georgia3/6/2000
ity's characterization of his involvement in the Garden Club litigation, which it describes as "perfunctory." This portrayal de-emphasizes the role of the Office of the Attorney General by relegating his status to that of a mere nominal member of the office. The former Attorney General was ultimately accountable for the disposition of the litigation, despite the fact that one of his Assistant Attorney Generals was necessarily more intimately involved with the details of the litigation.
As stated by the ABA:
t is not necessary that the public employee or official shall have personally or in a substantial manner investigated or passed upon the particular matter, for it is sufficient that he had such a heavy responsibility for the matter in question that it is unlikely he did not become personally and substantially involved in the investigative or deliberative processes regarding that matter. With a responsibility so strong and compelling that he probably became involved in the investigative or decisional processes, a lawyer upon leaving the government service should not represent another in regard to that matter. To do so would be akin to switching sides, might jeopardize confidential government information, and gives the appearance of professional impropriety in that accepting subsequent employment regarding that same matter creates a suspicion that the lawyer conducted his governmental work in a way to facilitate his own future employment in that matter. Id.
Additionally, disqualification should occur under the doctrine articulated in Crawford Long Mem. Hospital v. Yerby, 258 Ga. 720 (3) (373 SE2d 749) (1988), which prohibits an attorney from "representing a client against a former client in an action that is of the same general subject matter, and grows out of an event that occurred during the time of such representation." The majority notes that the present litigation does not arise out of the same general subject matter as the litigation in which the former Attorney General was involved because the new legislation was enacted after he left office. However, I believe the new legislation involves the same subject and is very similar to the legislation that was in force when the former Attorney General was in office, rendering the Yerby doctrine applicable to him.
Finally, I believe disqualification is particularly warranted in this case because of the lofty status and high visibility of the Attorney General, which increases the risk of public cynicism with respect to the integrity of government officials. EC 9-6 states, "Every lawyer owes a solemn duty to ... strive to avoid not only professional impropriety, but also the appearance of impropriety." The possible negative inferences that can be drawn from the former Attorney General's participation in this matter include the appearance of "switching sides" and the possibility that confidential governmental information may be used against the government. Id.
For the reasons stated above, I would conclude that the trial court's denial of the motion to disqualify the former Attorney General constituted an abuse of discretion. Accordingly, I dissent.
Page 1 2 3 4 5 6 Georgia Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|