Seth Kirschenbaum and Lynne Borsuk: Georgia Lawyers Speaking Up for the Rule of Law
Seth Kirschenbaum and Lynne Borsuk are longtime Atlanta criminal defense attorneys whose careers have been shaped by courtroom advocacy, professional leadership and a commitment to the legal system.
Kirschenbaum is a partner at Lotito & Kirschenbaum and a former federal prosecutor. His career includes decades of criminal defense practice as well as leadership in the Atlanta and Georgia legal communities. He’s a past president of the Atlanta Bar Association and has served extensively within the State Bar of Georgia.
Borsuk is the founder of Lynne Y. Borsuk Criminal Defense and White-Collar Crime. She’s spent nearly four decades representing people in Georgia courtrooms, with a particular focus on criminal defense, white-collar matters and trial advocacy. She’s also a past president of the Georgia Association of Criminal Defense Lawyers and a Fellow of both the American College of Trial Lawyers and the American Board of Criminal Lawyers.
In Episode 51 of See You In Court, Kirschenbaum and Borsuk join hosts Robin Frazer Clark and Lester Tate to discuss their involvement with Georgia Lawyers for the Rule of Law, why the organization was created, the importance of independent courts, the responsibilities lawyers carry and what happens when fear or political pressure begins to affect confidence in the justice system.
Who Is Seth Kirschenbaum?
Seth Kirschenbaum has practiced law in Georgia for approximately five decades.
Before entering private practice, he spent six years as a federal prosecutor with the U.S. Department of Justice. He later built a career in criminal defense, representing clients in state and federal matters.
His service to Georgia’s legal profession has been extensive.
Kirschenbaum is a past president of the Atlanta Bar Association and served for many years on the State Bar of Georgia Board of Governors. His professional recognition includes the Atlanta Bar Association’s Charles E. Watkins Jr. Award for Distinguished and Sustained Service and the Randolph Thrower Lifetime Achievement Award.
The Multi-Bar Leadership Council also created the Seth D. Kirschenbaum Diversity Award in his honor.
He earned his undergraduate degree from the State University of New York at Binghamton and his J.D. with distinction from Emory University School of Law.
In Episode 51, Kirschenbaum brings both sides of his professional experience to the conversation. He’s worked for the government as a prosecutor and spent decades defending people against the government.
That perspective helps shape his concern for independent courts, due process and lawyers who are willing to represent clients even when those clients or their causes are unpopular.
Who Is Lynne Borsuk?
Lynne Borsuk is an Atlanta-area criminal defense and white-collar attorney with decades of courtroom experience.
Her practice focuses heavily on trial advocacy. She represents individuals facing criminal charges as well as people under federal investigation or indictment in white-collar matters.
Borsuk has also held significant leadership roles within the legal profession.
She’s a past president of the Georgia Association for Criminal Defense Lawyers and has been named a Fellow of the American College of Trial Lawyers and the American Board of Criminal Lawyers.
Her professional recognition has included the Indigent Defense Award from the Georgia Association of Criminal Defense Lawyers, the Jewish Federation of Atlanta’s Women of Achievement Award for her work with the Anti-Defamation League and a Leadership Award from the Atlanta Bar Association.
Borsuk earned her B.A. in Political Science from Emory University and her J.D. from the University of Florida College of Law.
During her See You In Court appearance, she repeatedly returns to an idea that’s central to her view of the profession: lawyers have responsibilities that extend beyond winning an individual case.
Those responsibilities include fairness, respect for the courts, representation of unpopular clients and preserving the independence of the legal profession itself.
What Is Georgia Lawyers for the Rule of Law?
Georgia Lawyers for the Rule of Law grew from conversations among Georgia attorneys who were concerned about developments affecting judges, lawyers, due process and confidence in the judicial system.
Kirschenbaum explains that the organization began with a small group of lawyers meeting in the spring of 2025.
By the time Episode 51 was recorded, the group had grown to more than 400 Georgia lawyers.
Its purpose wasn’t to become another litigation organization.
Instead, Kirschenbaum and Borsuk describe its initial mission as speaking, educating and building public understanding of the rule of law.
That includes defending judicial independence, responding when lawyers or judges are targeted because of their work, discussing due process and educating Georgians about why independent courts matter.
The organization has also emphasized that its work isn’t intended to belong to one political party.
Borsuk describes the goal as building a broad coalition that can include Republicans, Democrats, independents and libertarians who share a commitment to the legal system.
What Does the Rule of Law Mean?
“Rule of law” is a phrase people hear frequently, but the episode spends considerable time explaining what it actually means.
At its most basic level, the rule of law means that disputes are resolved according to established laws and legal processes rather than wealth, political influence, popularity or raw power.
Government officials are subject to the law too.
Courts must be able to decide cases independently.
Lawyers must be able to represent their clients.
And when someone disagrees with a court’s ruling, the legal system provides a process for challenging it.
Kirschenbaum describes courts as the place where Americans have historically settled their legal disputes.
There’s almost always a winner and a loser.
That means a justice system can’t realistically produce an outcome everyone likes.
Its legitimacy therefore can’t depend on whether each person agrees with every decision.
Can You Criticize a Court Decision and Still Respect the Rule of Law?
Yes.
This distinction is one of the most important themes in the episode.
Kirschenbaum makes clear that respecting the rule of law doesn’t require people to agree with every judicial decision.
Lawyers criticize court opinions regularly.
Judges write dissents.
Parties appeal.
Scholars debate whether precedents were decided correctly.
Citizens are free to disagree too.
The important distinction, according to Kirschenbaum, is between criticizing a ruling and refusing to respect the authority of the court that issued it.
He points to controversial decisions throughout American history as examples of rulings that generated intense disagreement.
The legal system provides mechanisms for responding to those disagreements, including appeals, legislation and, in some circumstances, later changes in precedent.
Threatening judges or attempting to intimidate them is something different.
Why Judicial Independence Matters
Independent judges are essential to a functioning justice system.
Kirschenbaum and Borsuk argue that judges need to be able to decide cases based on the facts and the law without worrying about what might happen to them personally if someone dislikes the result.
That concern becomes especially serious when threats extend to judges’ families or when public officials use personal attacks against judges because of their decisions.
Judges also operate under ethical restrictions that limit their ability to respond publicly.
A judge who’s being attacked generally can’t hold a press conference and argue his or her side of the story.
That’s one reason Kirschenbaum believes lawyers and bar organizations sometimes have a responsibility to speak up.
The concern isn’t whether a particular judge reached the “right” result.
It’s whether judges can continue making independent decisions without fear.
Why Lawyers Must Be Free to Represent Unpopular Clients
Another major part of the conversation focuses on the independence of lawyers.
Borsuk emphasizes that attorneys have long represented people and causes that may be unpopular.
That’s not a weakness in the justice system.
It’s one of its essential protections.
A legal system only works when people can obtain representation even when the government, public opinion or powerful institutions strongly oppose them.
Robin and Lester connect that principle to the history of American law, including John Adams’ representation of British soldiers accused in the Boston Massacre.
The broader principle remains relevant today.
The lawyer’s role isn’t to adopt every belief of the client.
It’s to make sure the client has access to the legal process and receives the representation the system promises.
What Happens When Law Firms Feel Political Pressure?
Episode 51 also discusses pressure placed on law firms because of clients they represented or work their attorneys had previously performed.
Borsuk expresses concern about law firms changing course because of political pressure.
From her perspective, that can create consequences extending beyond the firms themselves.
If lawyers begin avoiding controversial clients because they’re worried about retaliation, access to representation can narrow.
That creates what Borsuk describes as a potential chilling effect on legal advocacy.
Kirschenbaum adds some nuance to the discussion.
He acknowledges that large firms can face complicated internal pressures involving clients, business interests, litigators, transactional lawyers and pro bono programs.
His primary concern isn’t attacking those firms.
It’s preserving a professional environment where lawyers can find their footing, exercise independent judgment and represent clients without improper retaliation.
Why Speaking Up Matters
Georgia Lawyers for the Rule of Law was created largely around the idea that silence has consequences.
Kirschenbaum argues that fear of speaking critically about government action can itself become a warning sign.
The organization’s response is civic engagement.
At the time of the episode, its plans included publishing articles and opinion pieces, speaking to civic organizations and expanding outreach to Georgia attorneys.
The group also discussed sending lawyers into schools, churches, neighborhood associations and other community organizations to explain the rule of law in terms ordinary citizens can understand.
The purpose isn’t simply to tell people what to think about a particular political dispute.
It’s to help Georgians understand the institutions and principles involved so they can evaluate those disputes themselves.
Why Civic Education Is Part of Protecting Justice
The episode makes an important connection between the rule of law and civic education.
Courts depend in part on public confidence.
But people can’t develop informed confidence in institutions they don’t understand.
Why can a judge strike down an action taken by another branch of government?
Why can someone appeal a court decision?
Why should an unpopular defendant receive legal representation?
Why can’t judges simply respond publicly when they’re criticized?
Why do lawyers sometimes defend people whose actions they may personally disagree with?
Those questions have answers rooted in the structure of the American legal system.
Georgia Lawyers for the Rule of Law sees explaining those answers as part of its mission.
Is the Rule of Law Conservative or Liberal?
Borsuk gives one of the episode’s clearest answers:
“The rule of law is neither conservative nor liberal. It is entirely nonpartisan.”
That distinction is central to how she and Kirschenbaum describe their organization.
People can strongly disagree about taxes, immigration, abortion, criminal justice, presidential power, environmental regulation and almost every other political issue.
The rule of law operates at a different level.
It’s about the process used to resolve those disagreements.
Courts must remain independent regardless of which political party benefits from a particular ruling.
Lawyers must be able to represent clients regardless of whether those clients are popular.
And government power must remain subject to law regardless of who controls the government.
Georgia’s Legal Community and the Rule of Law
The conversation also turns specifically to Georgia.
Kirschenbaum and Borsuk discuss statements by Georgia Supreme Court Chief Justice Nels Peterson emphasizing the importance of the rule of law.
At meetings of Georgia lawyers, Chief Justice Peterson had asked attorneys to reflect on and reaffirm the oath they took as members of the profession.
The episode uses those moments to make a broader point.
The rule of law isn’t something that exists only in Washington or in major constitutional cases.
It’s part of the everyday work of judges and lawyers across Georgia.
Every civil dispute, criminal case, contract disagreement, injury claim or business controversy depends on the same basic idea: that legal questions will be resolved through a process governed by law.
Due Process and the Right to Be Heard
Due process is another recurring theme in the episode.
At its core, due process means people should have a fair opportunity to understand what the government is doing, challenge government action when appropriate and be heard through established legal procedures.
Kirschenbaum and Borsuk raise concerns about situations where they believe those protections are being weakened.
Whatever the underlying policy debate, their focus is on process.
Government has significant authority.
The rule of law requires that the exercise of that authority still remain subject to legal limits and judicial review.
That’s particularly important when individual liberty is at stake.
Checks, Balances and Separation of Powers
The American system intentionally divides government power among three branches.
Congress writes laws.
The executive branch carries them out.
Courts interpret and apply the law when disputes arise.
In practice, the boundaries can be complicated, and disagreements between branches are nothing new.
But Borsuk emphasizes that the division itself matters.
Checks and balances are designed to prevent too much power from becoming concentrated in any one institution or individual.
Independent courts are therefore not obstacles to the constitutional system.
They’re part of the system.
What Is Fair Criticism of a Judge?
Episode 51 also explores where legitimate criticism ends and intimidation begins.
Kirschenbaum draws a distinction between criticizing the reasoning of a decision and personally attacking the judge.
Saying that a court misinterpreted a statute is criticism.
Arguing that precedent should or shouldn’t have been overturned is criticism.
Writing a dissent is criticism.
Filing an appeal is part of the legal process.
Personal threats, doxing, harassment and intimidation are different because they can interfere with a judge’s ability to make independent decisions.
That distinction allows vigorous debate about the courts without undermining the institution of judging itself.
How Does Lynne Borsuk Define Justice?
Every See You In Court guest is asked the same closing question:
How do you define justice?
For Borsuk, justice begins with equal access and a fair opportunity to be heard.
She says justice means that everyone gets a fair shot when a dispute reaches court, regardless of whether that person is wealthy or poor.
It also requires equal due process.
The same rules should apply to everyone.
Borsuk rejects the idea that the justice system should become a vehicle for personal or political revenge.
In her view, laws should be applied consistently, and people should have the same basic protections when they’re required to answer to the legal system.
Her definition can be summarized around three ideas:
Fair access. Equal treatment. Due process.
How Does Seth Kirschenbaum Define Justice?
Kirschenbaum builds on Borsuk’s answer by connecting justice directly to the rule of law.
He describes America as a nation of laws rather than a nation governed simply by the will of individuals.
For him, safeguarding the Constitution and preserving a legal system where law applies to everyone are prerequisites for a just society.
Justice therefore isn’t simply about whether an individual receives the outcome he or she wanted.
It’s also about maintaining the system that allows disputes to be decided fairly and peacefully in the first place.
Why Seth Kirschenbaum and Lynne Borsuk’s Episode Matters
This episode gets to the heart of what See You In Court is designed to explore.
The civil justice system doesn’t exist in isolation.
It depends on independent judges, lawyers who can advocate without intimidation, citizens who understand their rights and institutions that remain accountable to the law.
Kirschenbaum and Borsuk also make an important distinction between supporting the courts and agreeing with every court decision.
A healthy legal system expects disagreement.
Lawyers argue.
Judges dissent.
Parties appeal.
Citizens criticize.
What holds the system together is the shared understanding that those disagreements will be resolved through law rather than intimidation or raw power.
That’s why the discussion matters beyond lawyers.
Everyone who may someday need a court, challenge government action, defend a business, protect property, resolve a contract dispute or assert an individual right has a stake in the independence of the justice system.
Key Takeaways from Seth Kirschenbaum and Lynne Borsuk
- Seth Kirschenbaum is a longtime Atlanta criminal defense attorney, former federal prosecutor and past president of the Atlanta Bar Association.
- Lynne Borsuk is an experienced criminal defense and white-collar trial lawyer and a past president of the Georgia Association for Criminal Defense Lawyers.
- Georgia Lawyers for the Rule of Law formed in 2025 to speak publicly about judicial independence, due process and threats to the rule of law.
- More than 400 Georgia lawyers had joined the organization by the time Episode 51 was recorded.
- Kirschenbaum and Borsuk describe the rule of law as a nonpartisan principle.
- People can strongly criticize court decisions while still respecting the authority and independence of the courts.
- Lawyers must remain free to represent clients who are unpopular or controversial.
- Political or governmental pressure on law firms can create a chilling effect on legal representation.
- Judges need independence from threats, intimidation and personal retaliation.
- Civic education is an important part of helping the public understand why courts, due process and separation of powers matter.
- Borsuk defines justice through fair access, equal treatment and due process.
- Kirschenbaum connects justice to preserving the Constitution and maintaining a nation governed by law rather than individuals.
Frequently Asked Questions About Seth Kirschenbaum and Lynne Borsuk
Who is Seth Kirschenbaum?
Seth Kirschenbaum is an Atlanta criminal defense attorney and partner at Lotito & Kirschenbaum. He’s a former federal prosecutor, past president of the Atlanta Bar Association and longtime leader within Georgia’s legal profession.
Who is Lynne Borsuk?
Lynne Borsuk is an Atlanta-area criminal defense and white-collar attorney with decades of trial experience. She’s a past president of the Georgia Association for Criminal Defense Lawyers and a Fellow of the American College of Trial Lawyers and American Board of Criminal Lawyers.
What is Georgia Lawyers for the Rule of Law?
Georgia Lawyers for the Rule of Law is an organization of Georgia attorneys focused on protecting and educating the public about the rule of law, judicial independence, due process, equality under the law and separation of powers.
Why did Georgia Lawyers for the Rule of Law form?
Kirschenbaum explains that Georgia attorneys began organizing in 2025 because of concerns about attacks on judges, pressure on lawyers and law firms, due process and other developments they believed threatened confidence in the legal system.
Is Georgia Lawyers for the Rule of Law partisan?
Kirschenbaum and Borsuk describe the organization as nonpartisan. Borsuk emphasizes that commitment to the rule of law shouldn’t depend on whether someone is Republican, Democratic, independent or libertarian.
Can you disagree with a judge and still support the rule of law?
Yes. The guests distinguish between criticizing a decision and attempting to intimidate or defy the judiciary. Appeals, legal criticism, dissents and debate are normal parts of the justice system.
Why is judicial independence important?
Judges must be able to decide cases according to the facts and law without fearing political retaliation, personal threats or other outside pressure. Judicial independence helps ensure that legal disputes are decided fairly.
Why should lawyers represent unpopular clients?
Access to counsel is an important part of the justice system. Lawyers don’t have to personally agree with a client’s beliefs or actions to ensure that the client receives the legal representation and process the law provides.
What is due process?
Due process generally requires government to follow established legal procedures and provide people with appropriate notice and an opportunity to be heard before depriving them of protected rights or liberties.
How does Lynne Borsuk define justice?
Borsuk says justice means everyone gets a fair opportunity to be heard in court regardless of economic status and receives the same basic due process protections and treatment under the law.
How does Seth Kirschenbaum define justice?
Kirschenbaum connects justice to the rule of law and the principle that the United States is a nation governed by laws rather than individual power. He believes protecting the Constitution and the legal system helps create a just society.
Watch or Listen to Seth Kirschenbaum and Lynne Borsuk on See You In Court
Hear the full conversation with Seth Kirschenbaum and Lynne Borsuk in Episode 51 of See You In Court, where they join Robin Frazer Clark and Lester Tate to discuss Georgia Lawyers for the Rule of Law, judicial independence, due process, legal advocacy, civic education and why they believe the rule of law must remain larger than partisan politics.
Watch Episode 51 on YouTube
Listen to Episode 51 on Podbean
Read the Episode 51 overview
https://seeyouincourtpodcast.org/georgia-lawyers-for-the-rule-of-law/
Related Resources
Georgia Lawyers for the Rule of Law
https://georgialawyersfortheruleoflaw.org/
Seth Kirschenbaum | Lotito & Kirschenbaum
https://www.atlanta-criminal-law.com/
Lynne Y. Borsuk Criminal Defense and White-Collar Crime
https://www.lynneborsuklaw.com/
See You In Court Featured Guests
https://seeyouincourtpodcast.org/featured-guests/
Robin Frazer Clark
https://www.gatriallawyers.net/
Lester Tate | Akin & Tate
Georgia Civil Justice Foundation
See all the Featured Guests
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