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TEST YOUR KNOWLEDGE

High Council of Justice of Georgia

High Council of Justice of Georgia

High School of Justice of Georgia

High School of Justice of Georgia

Disciplinary Committee of Judges of Common Courts of Georgia

Disciplinary Committee of Judges of Common Courts of Georgia

Georgian Bar Association

Georgian Bar Association

Coalition for an Independent and Transparent Judiciary

Coalition for an Independent and Transparent Judiciary

National Center for Commercial Law

National Center for Commercial Law

National Center for Alternative Dispute Resolution

National Center for Alternative Dispute Resolution

Arbitration Initiative Georgia

Arbitration Initiative Georgia

GBA Holds Discussion on Publication of Names of Disciplined Lawyers

28 July 2017 From left to right: Inga Sekhniashvili, Ethics Commission Member; Irakli Kandashvili, Executive Board Member; Zaza Khatiashvili, GBA Chairman, Khatia Chogovadze, Ethics Commission Lawyer; Bakur Khijakadze, Ethics Commission Lawyers

On July 7-8, with the support of EWMI/PROLoG, the Georgian Bar Association (GBA) Ethics Commission organized a retreat of its Executive Board and Ethics Commission to facilitate a discussion among the GBA’s governing bodies on the publication of the names of disciplined lawyers.  

Currently, the GBA Ethics Commission publishes its decisions on its website with the names of disciplined lawyers. The decisions were published only after the one-month period for appeal of the Ethics Commission’s decision expired, after which the decisions with the lawyers’ names stayed on the GBA website and could be searched even after the disciplinary sanction expired. In 2016, the Personal Data Protection Inspector recommended that the GBA either keep the names of disciplined attorneys public for only the period of the disciplinary sanction or for a period that is proportional to the goal of the sanction.   The meeting sought to establish a unified position among the Ethics Commission and Executive Board members regarding the publication of the names of disciplined lawyers.  The participants agreed to issue an Ethics Commission statement on the rule regulating final decisions published on the GBA website.  In cases where disciplinary proceedings were terminated, the Commission refused to commence disciplinary prosecution, acquittal, or the Commission’s decision was to issue a private letter of recommendation, the decisions will be published without the names of lawyers. In cases where disciplinary sanctions are imposed, Commission decisions will be published with the name and GBA membership number of the disciplined lawyer for three years after the decision entered the legal force. After this, the personal data of a lawyer will be removed. The same rule of publication will be applied to the decisions of the Disciplinary Collegium of the Supreme Court of Georgia. The participants agreed to make relevant amendments to the Regulation on Disciplinary Proceedings against Lawyers and to adopt the amendments at the General Assembly in 2018.

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