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.

A few traffic laws may surprise you

Drive sober or get pulled over. Click it or Ticket. You’ve heard these campaigns and because of them, you may be familiar with the laws. If you drink and drive, you get a DUI. If you don’t wear your seatbelt you receive a citation.

But have you heard about the new campaign “Speed in the left lane because everyone is doing it” (maybe they forgot to launch this one)? Or read the fine print of Georgia’s texting and driving laws?

You are responsible for following all of Georgia’s driving laws-even the lesser known driving ones.

Here are a few laws Georgia drivers could encounter:

• You may have heard about the man in Cobb County earlier this year who was pulled over and issued a citation for eating and driving. Although the man may not have thought so, the officer had the right to issue a ticket under the distracted driving law. This is the same law that covers texting and driving.

• It is very clear that you cannot text while driving, but what about when you are stopped at a traffic light? The statute has no provision that prohibits texting while moving, the statute prohibits texting while operating a motor vehicle. The take away: Put your phone away while you are behind the wheel.

• “I’m going 5 miles over the speed limit, what more do you want me to do?”The Georgia “Slowpoke law” wants you to get out of the way. Speeders claim victory with the “Slowpoke Law” that went into effect in 2014. This law requires slower cars to move over when a faster car in the left lane approaches you while driving. It doesn’t even matter if you are going the speed limit-turn on your blinker, move over, and let the Georgia State Patrol catch them a few miles ahead.

A few other laws to keep in mind: The center lane is for left hand turns only and cannot be used to merge into traffic. Moving over a lane for police vehicles is expected, but you must also give HERO vehicles and even garbage trucks a lane of space.

One other thing to remember: Ignorance of the law is no excuse.