Ruling has multiple winners

T.E. Cauthorn Atlanta Trial Lawyer and Judge

With some cases, the victory goes beyond the winning party — it is a victory for the law itself. That’s what happened when Judge Robert Leonard II of Cobb County Superior Court dismissed the lawsuit against attorney Hylton Dupree Jr. that attempted to tangle up Dupree in a legal issue involving Waffle House Chairman Joe Rogers Jr. and his former personal assistant Mye Brindle.

Cauthorn Nohr & Owen founder T.E. Cauthorn, Dupree’s attorney, successfully argued that the lawsuit violates Dupree’s rights protected under Georgia’s anti-SLAPP statute (Strategic Lawsuits Against Public Participation). Simply put, Dupree was being sued by Rogers because Dupree chose to represent Brindle against allegations that she attempted to extort money from her former employer.

“A lawyer is permitted to represent a client and not be painted with wrong-doing because someone claims the client might be guilty of a wrong-doing,” Cauthorn said. “If lawyers can be sued for doing their job, people will have a hard time finding a lawyer to represent them.”

In his ruling, Judge Leonard states:

“If a client has engaged in tortious or even criminal conduct prior to the lawyer’s involvement, the lawyer will have to evaluate how best to proceed and how that will affect his strategy. However, a lawyer should not have to worry about being added to the litigation as a co-conspirator every time he takes on a new client. That is exactly what the anti-SLAPP statute is designed to protect.”

It’s a victory for all, attorneys and clients alike.

“Hylton Dupree is permitted to represent his client,” Cauthorn said.

Social media: It’s not just personal

Social media is changing the way we communicate with the world. It is enticing, yet can also be risky. There are numerous examples of social media gone wrong in the workplace. Recently, a high-ranking official with Georgia’s Department of Education stepped down after he was called out for racially charged posts on his personal Facebook page. A Forsyth County principal was suspended for posts about Muslims. A marketing manager was fired for comments made on his page after he posted a selfie that included a co-worker’s child.

The examples are endless.

What should you do to protect yourself?

Know the rules. If your company has a social media policy, make sure you are familiar with what they expect. Some companies have an extensive policy, others are as simple as “do the right thing,” while many companies have no policy at all. Your first line of defense is to know the rules.

Err on the side of caution. Think before you post. Would you want what you are about to say on the front page of the newspaper next to your photo? Would you say it to your mother? If you do not answer yes to these questions, posting may not be such a great idea.

Get legal advice. If you are caught in a social media crisis at work, you will want to know your legal rights. We can help.

2016: The year it all comes together

With the New Year comes resolutions, personal goals, and a fresh start. How are you doing on your legal checklist? Make 2016 the year you get a step ahead.

Write your Will. It is best if you are the one making decisions about your estate and how it is handled at your death. If you die without a Will, a Probate Court will apply Georgia law to your estate. Simply put, it means that the Probate Court will divide your estate among your heirs (spouse, living children, heirs of deceased children, etc.), with your spouse receiving no less than one-third of your estate.

Generally speaking, the probate process will cost your family more money and may tie up your estate for months, or even years. It is better to take the time to make your decisions now than to wait for the unexpected to occur. Learn more here.

Get your finances in order. With foresight and planning, trusts are relatively simple to create. Try these simple lessons, and apply regardless of the size of your estate: • Consider the value of trusts to retain privacy and reduce taxes. • Be sure to keep all estate documents updated. Failure to do so can be expensive. • Get more estate planning information here.

Have the right divorce team. If you are going through a divorce it is important to have all the right people on your side. Divorce is a journey you don’t have to travel alone. While you will certainly want to gather a village of support, there are three people you absolutely should have on your team: a lawyer, a financial advisor, and a recently divorced friend.

• A lawyer. The right lawyer will concentrate on getting results that will satisfy you going forward.
• A financial advisor. A financial advisor, along with a lawyer, can assist you in determining the proper child support for your situation, as well as weigh the options for appropriate spousal support, if necessary.
• A recently divorced friend. A friend not only has experience on the legal side of divorce, but she also knows you and your family.

Learn more here.

These are just a few things you can do to get ahead in 2016. Do you have other questions? Call us at 770-528-0150.