An attorney and client have a special relationship protected by law. The attorney owes the client a duty of confidentiality, loyalty, and diligence. The duty of the attorney is to the client, not the client's family or the person paying for the attorney. Given the special nature of the attorney-client relationship both attorney and client should be clear when that relationship begins and ends and what services are covered by the attorney-client relationship. The attorney-client relationship ends once the matter for which the attorney was employed or appointed is resolved. Hill v. State, 269 Ga. 23 (1998). If the attorney is hired for a specific purpose, for example, to handle the preliminary hearing, the defendant should not expect the attorney to continue working on the case after that hearing.
The attorney-client relationship is protected by the attorney-client privilege. Waldrip v. Head, 272 Ga. 572 (2000); Almond v. State, 180 Ga. App. 425 (426). Unless the privilege is waived by the client, an attorney cannot share what a client has told him even to a client's family members without violating the attorney-client privilege. State Bar Rule 1.6.
A defendant is entitled to an attorney loyal to the defendant and free of any conflict of interest. Hill v. State, 269 Ga. 23 (1998); State Bar Rule 1.7. An attorney cannot represent or continue to represent a client if there is a significant risk that the attorney's own interests or the attorney's duties to another client, a former client, or a third person will materially and adversely affect the representation of the client. Lewis v. State, 312 Ga. App. 275 (2012).
An attorney may represent two defendants charged in the same case unless the State is seeking the death penalty. Lewis v. State, 312 Ga. App. 275 (2012); Ellis v. State, 272 Ga. 763 (2000); Zant v. Hill, 262 Ga. 815 (1993); Capers v. State, 220 Ga. App. 869 (1996). Likewise, counsel from the same public defender's office are not automatically disqualified from representing multiple defendants charged in the same case. Lytle v. State, 290 Ga. 177 (2011); Burns v. State, 281 Ga. 338 (2006). However, such arrangements should be undertaken with great caution due to a potential conflict of interest. Ellis v. State, 240 Ga. App. 498 (1999). The potential conflict of interest can rise to an actual conflict of interest if the attorney fails to pursue a theory of defense or possible plea bargain on behalf of one defendant. Ellis v. State, 240 Ga. App. 498 (1999). An attorney who represents two or more clients cannot participate in making a guilty plea agreement for all the clients unless each client consents after consultation, including disclosure of the existence and nature of all pleas involved and of the participation of each person. State Bar Rule 1.8; Tarwater v. State, 259 Ga. 516 (1989); Meyers v. State, 265 Ga. 149 (1995).
A conflict can also exist if a former client is going to be a witness against the defendant. Perry v. State, 314 Ga. App. 575 (2012). An attorney should avoid a case in which he may end up testifying. McLaughlin v. Payne, S14A0220; Clough v. Richelo, 274 Ga. App. 129 (2005).
An attorney must provide competent representation. State Bar Rule 1.1. An attorney's workload should be controlled so that each case can be handled adequately. An attorney must act with reasonable diligence and promptness in representing a client. This means that an attorney cannot abandon or disregard a defendant's case. State Bar Rule 1.3. An attorney must explain a matter to the extent reasonably necessary to permit the client to make informed decisions. An attorney must also keep the client reasonably informed about the status of the case and shall promptly comply with reasonable requests for information. However, an attorney is not required to visit a client at the jail a certain number of times. There exists no magic amount of time which an attorney must spend in actual consultation with his client. Hendricks v. State, 290 Ga. 238 (2011); Murphy v. State, 314 Ga. App. 753 (2012); Harris v. State, 279 Ga. 304 (2005). During a visit the attorney and client are entitled to privacy. Wright v. State, 250 Ga. 570 (1983); Brown v. Incarcerated Public Defender Clients, 288 Ga. App. 859 (2007).
Attorneys are members of the State Bar of Georgia and officers of the court. Therefore, they are bound by certain ethical rules that may affect the attorney-client relationship. For instance, an attorney cannot present a witness who the attorney believes will perjure themselves. Rudolph v. State, 313 Ga. App. 411 (2011); Grooms v. State, 261 Ga. App. 549 (2003); Nix v. Whiteside, 475 U.S. 157 (1986). A lawyer ordinarily must decline or withdraw from representation if the client demands that the lawyer engage in conduct that is illegal or violates the Georgia Rules of Professional Conduct.
An attorney takes an oath upon admission to the bar and is considered to speak the truth and be bound by his statements in open court, as lying in open court might cause him to be disbarred. Gould v. State, 315 Ga. App. 733 (2012).