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How does a lawyer violate the code of ethics concerning

How does a lawyer...

How does a lawyer violate the code of ethics concerning someone they know has completed the terms of the first offender in Georgia

Lawyer's Assistant: Have any charges been filed? If so, when is the next court date?

I'm running for the Chief Magistrate Judge in my County against a local attorney who knows I was charged with a crime an exercised my right as a first offender. He was denied access to my criminal background records by the office of our local sheriff and chief of police because the files were sealed; however, the attorney accessed the open records in the clerk's office and discovered the judge never signed off for the records to be sealed in the clerk's files. He proceeded to post his findings on Facebook and is now sending it to local residents inbox on Facebook from his personal Facebook page. It seems to me bring he knows the provision and purpose of the Forst Offender Act , he is violating some code of ethics.

Lawyer's Assistant: Have they talked to a Georgia lawyer about this yet?

No.

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Answered in 6 minutes by:
4/11/2018
Thelawman2
Thelawman2, Attorney
Category: Legal
Satisfied Customers: 2,530
Experience: Attorney-at-Law
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Hello, my name is ***** ***** I will be helping you.

There are a number of provisions that the attorney could potentially be violating. First Rule 4.4 deals with rights of third persons, and provides:

  1. In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.

Additionally, Rule 8.4 is a general misconduct rule that would most likely govern such situation. For instance, it provides that a lawyer shall not engage in professional conduct involving dishonesty, fraud, deceit or misrepresentation.

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Customer reply replied 4 months ago
The attorney isn't nor has every represented me but has detailed knowledge that I successfully completed the terms of the first offender plea, so how should start to address this behavior.

Did they represent someone else and are doing this on behalf of someone else?

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Customer reply replied 4 months ago
He isn't representing anyone in this matter but himself. He and I are running for same political office and he is using the information he knows should be sealed from the public in an attempt to discredit me.

Then you should report this behavior under the general Rule 8.4 to the Georgia state bar association. You can find the informationo to do so here: https://www.gabar.org/committeesprogramssections/programs/consumerassistanceprogram/index.cfm

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