Advocate Ethics and Professional Responsibility
Scope of the domain
This section tests the Law on Advocates, the Georgian Bar Association's disciplinary system and the Ethics Code. It examines independence, confidentiality, conflicts of interest, competence, fees, advertising and the advocate's duties to clients, courts and the profession.
Core rules
- The advocate is independent and must not let the client, the state or commercial interests dictate professional judgment. The advocate owes loyalty to the client within the law.
- Confidentiality covers all information learned in the professional relationship, including after the mandate ends and after the client's death. It is both an ethical duty and a evidentiary privilege.
- A conflict of interest arises when representation of one client is or may be adversely affected by duties to another client, a former client or the advocate's own interest. The advocate must decline or withdraw; informed consent may resolve some, but not all, conflicts.
- The advocate must act competently and diligently, keep the client informed, follow lawful instructions and account for client funds.
- Fees must be agreed clearly and not be contingent on the outcome of a criminal case. Advertising must be truthful and not misleading.
- Disciplinary sanctions range from warning and reprimand to fine, suspension and disbarment.
Worked example
Advocate N advised Landlord L on a lease and drafted a clause allowing termination on one month's notice. Two years later, Tenant T asks N to challenge the same lease as unfair. Reasoning: N received confidential information from L about the negotiation and drafting of the clause. The new matter is substantially related and adverse to a former client. L's consent is not sufficient because N would likely use confidential information against L. N must decline the mandate. If N already accepted, N must withdraw and may face disciplinary liability.
Traps
A conflict is not only simultaneous representation; former-client and personal-interest conflicts are equally serious. Do not disclose client information to the court unless a legal exception applies; privilege belongs to the client. Do not confuse zealous advocacy with incivility or with presenting known false evidence. Fee arrangements that reward a criminal outcome are prohibited.