Litigation Section
February 2015
The Litigator Official Publication of the Atlanta Bar Association Litigation Section
Save the Date!  
Mark your calendars for the following Litigation Section Event

Details are subject to change. Check your emails and the Atlanta Bar Association website for updates.

24th Annual Meet the Judges Luncheon
Date: March 20, 2015 (12:00 PM - 1:30 PM)
Location: Capital City Club

Registration Fees
Section Members - $30
Non-Section Members - $40
Law Students - $15
Judges are invited as guests of the ACYL and Litigation Sections

Please RSVP by March 13, 2015
Disqualification of Counsel in Litigation
By Jonathan E. Hawkins, Krevolin Horst, LLC

I. Rules of Professional Conduct Addressing Conflicts of Interest.

RULE 1.7 CONFLICT OF INTEREST: GENERAL RULE

a. A lawyer shall not represent or continue to represent a client if there is a significant risk that the lawyer's own interests or the lawyer's duties to another client, a former client, or a third person will materially and adversely affect the representation of the client, except as permitted in (b).

b. If client informed consent is permissible a lawyer may represent a client notwithstanding a significant risk of material and adverse effect if each affected client or former client gives informed consent, confirmed in writing, to the representation after:
1. consultation with the lawyer, pursuant to Rule 1.0(c);
2. having received in writing reasonable and adequate information about the material risks of and reasonable available alternatives to the representation, and
3. having been given the opportunity to consult with independent counsel.

Interlocutory Injunctions: 
A New Test?
By Clark Karell, Georgia State University College of Law

An interlocutory injunction is a temporary remedy designed to preserve or restore the status quo and keep the parties from injuring one another until the court has had a chance to try the case. Zant v. Dick, 249 Ga. 799, 799 (1982). The grant or denial of an injunction rests in the sound discretion of the trial judge according to the circumstances of each case. Id. Until recently, the test for interlocutory injunctive relief in Georgia courts reflected the broad discretion vested in the trial judge: an injunction was proper to "maintain the status quo until a final hearing if, by balancing the relative equities of the parties, it would appear that the equities favor the party seeking the injunction." Garden Hills Civic Ass'n, Inc. v. Metro. Atlanta Rapid Transit Auth., 273 Ga. 280, 281 (2000). The applicant was not required to prove that it was likely to succeed on the merits, see id. at 281, it was often considered in conjunction with the balancing of the equities because "[i]f the trial court determines that the law and facts are so adverse to a plaintiff's position that a final order in his favor is unlikely, it may be justified in denying the temporary injunction because of the inconvenience and harm to the defendant if the injunction were granted." Lee v. Environmental Pest & Termite Control, 271 Ga. 371, 373 (1999).

 

November 2014 Litigation Section Monthly Breakfast


On November 14, the Litigation Section held its monthly Breakfast meeting, which was well attended.  The meeting featured a panel discussion concerning consent protective orders.  The panelists were Judge William S. Duffey, Jr. from the United States District Court for the Northern District of Georgia and Judge Wesley B. Tailor from the State Court of Fulton County.  Litigation Section Board Member, Louis R. Cohan of Cohan Law Group moderated and Clark R. Karell, Jr. a Law Student attending Georgia State was kind to participate in preparation of the written materials.  Topics included: (i) over-designation of discovery materials as confidential; (ii) Use of confidential information in litigation between the same parties in other cases; (iii) Disclosure of Confidential Information, and (iv) the tension between the needs of the parties to be able to file information under seal and the public's right to access court records. 

December 2014 Litigation Section Monthly Breakfast


On December 12, 2014, the Litigation Section held its final monthly breakfast meeting of 2014. The meeting featured Randy Kessler who gave a really interesting talk on family law for non-family law lawyers.  Attendance was excellent and the information was both helpful and entertaining.  At one point, Randy acknowledged his understanding that these meetings are not political and not the place for political discourse.  With that disclosure in place Randy made sure to let everyone know that he was 100% firmly in favor of - gay divorce.  Also, One of Randy's power point slides featured the rear end of a Porsche bearing a license tag that read, "WASHIS."  Ok - Its lawyer humor!

January 2015 Litigation Section 

and Dispute Resolution Section 

Joint Breakfast 


On January 9, 2015, the Litigation Section and the Dispute Resolution Section held a joint breakfast meeting at the Ansley Golf Club and combined to present an interactive program on "Business Divorces and Disputes", which present common problems for litigators and neutrals. Program chairs were Halsey Knapp of Krevolin & Horst and Terrence Lee Croft of JAMS. Knapp served as a roving moderator who involved the audience and encouraged their comments and questions for an all-star panel of litigation and dispute resolution talent: F. Carlton King, Jr. of Ford & Harrison and JAMS, Jeffrey Horst of Krevolin & Horst, and Patrick G. Jones of Friend, Hudak & Harris and Henning Arbitration & Mediation, who authored an excellent paper on how to prevent and minimize the fall-out from business divorces and disputes. A large number of neutrals and litigators, including many members of both groups, were informed and entertained by this timely program.

In This Issue
2014-2015 Section Board of Directors

Chair
Kevin P. Weimer

Secretary
Stephen P. Cummings

Treasurer
Christina M. Baugh

Immediate Past Chair
J. Matthew Maguire Jr.

Members-At-Large 
Louis R. Cohan
Terrence Lee Croft
Hon. Susan E. Edlein
Jonathan E. Hawkins 
Edward Konieczny
Cindy Spindler Manning
J. Ben Shapiro

Emeritus Member
H. Lane Young, II
Follow Us

Like us on Facebook   Follow us on Twitter    View our profile on LinkedIn
The Section Thanks its Annual Sponsors
  
Applied Technical Services