State Bar of Georgia Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the State Bar of Georgia, with full citations and source links on every page.
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Can a Georgia lawyer supervise a real estate closing by video conference instead of attending in person?
Yes. A lawyer may close a real estate transaction by video conference so long as the lawyer controls the closing process from beginning to end and does not use remote attendance to delegate the lawyer…
Can a lawyer licensed in another state or country live in Georgia and practice law remotely if the work has no connection to Georgia?
Yes, with conditions. A lawyer not admitted in Georgia may live in Georgia and practice remotely on matters with no Georgia connection if the lawyer does not hold out as Georgia-licensed, keeps the Ge…
Can a lawyer contact a former employee of a represented organization to get information without the organization's lawyer's consent?
Generally yes. A lawyer may contact a former employee of a represented organization without opposing counsel's consent if the lawyer first discloses the client's identity and interest and the reason f…
If a lawyer is both the child's attorney and guardian ad litem in a termination of parental rights case, can the lawyer argue for termination over the child's objection?
No. When the child's wishes and the lawyer's view of the child's best interests irreconcilably conflict, the lawyer must petition to withdraw from the guardian ad litem role and continue as the child'…
Does a lawyer's duty of confidentiality apply between two clients the lawyer represents jointly?
Yes. Under Georgia FAO 16-1, Rule 1.6 confidentiality applies between jointly represented clients, so a lawyer must honor one client's request to keep information from the other, which in almost all c…
Can a solo lawyer name the firm 'Law Group', 'Law Firm', or '& Associates'?
A sole practitioner may not use 'group' or '& Associates' because both imply other lawyers, but may use 'firm', which the rules define to include a single practitioner.
Can a Georgia lawyer conduct a 'witness only' real estate closing, use lender-prepared documents, and route closing funds outside the trust account?
No witness-only closings: the lawyer must control the closing and review all documents. The lawyer may use documents prepared by others after verifying and adopting them, and must deposit and disburse…
Can a plaintiff's lawyer agree to personally indemnify the opposing party against third-party claims to the settlement funds, and can a defense lawyer demand it?
No to both. A lawyer may not agree to personally indemnify the opposing party against third-party claims (Rule 1.8(e)), and a lawyer may not demand that opposing counsel make such an agreement (Rule 8…
Can different lawyers in the same circuit public defender office represent co-defendants when one lawyer would have a conflict of interest?
No. A circuit public defender office is a 'firm' under Rule 1.10(a), so a conflict that would bar one public defender is imputed to all lawyers in that office, though imputation applies only after an …
When can a lawyer ethically agree to a flat fixed fee to handle an indeterminate amount of legal work, including insurance defense work?
Flat fixed-fee contracts are allowed if the fee is reasonable and the lawyer still provides competent, diligent representation. Risk rises as the work becomes indeterminate and a third party pays; a f…
Can a lawyer defend an insured in a case while also representing, in an unrelated matter, the insurer that holds a subrogation right against any recovery?
Usually not. Under Georgia FAO 05-11, if the insurer is the lawyer's client in the unrelated matter, defending the insured is advocacy against a current client and an impermissible Rule 1.7(a) conflic…
Can a lawyer who represents an insurer on a subrogation claim also represent the insured on related claims like personal injury?
Usually not. Under Georgia FAO 05-7, a lawyer for an insurer's subrogation claim should not also represent the insured on related claims unless adequate representation of both is reasonably likely and…
Can a lawyer report a non-paying client to a credit bureau or other third party to collect an unpaid fee?
No, not to a credit bureau. Under Georgia FAO 07-1, a lawyer may disclose the fee relationship only through direct collection efforts like suing or using a reputable collection agency; reporting the c…
Can a law firm hold out an affiliated lawyer or firm as 'special counsel,' and does imputed disqualification then treat them as one firm?
Yes, if bona fide. Under Georgia FAO 05-13, a firm may identify an affiliated lawyer or firm as 'special counsel' for a specialty area if the relationship is genuine; the Rule 1.10 imputed-disqualific…
Can a lawyer advertise for clients but plan to refer most of them to other lawyers without saying so in the ad?
No. Under Georgia FAO 05-6, advertising for legal work while intending to refer most callers to other lawyers, without disclosing that intent and without complying with the lawyer-referral-service rul…
Can a lawyer pay nonlawyer staff a monthly bonus based on the law office's gross receipts?
Yes. Under Georgia FAO 05-4, paying nonlawyer employees a monthly bonus based on the firm's gross receipts, on top of their salary, is permissible under Rule 5.4(a)(3), which allows a compensation pla…
Can a law firm borrow from a bank to advance a client's litigation expenses and charge the client interest on those advances?
Yes, with disclosure. Under Georgia FAO 05-5, a firm may borrow to advance litigation expenses and charge lawful interest, but the contingent fee contract must disclose whether the client owes the exp…
Can a lawyer who serves on a city council defend criminal cases in which the police, whose pay the council controls, exercise charging discretion?
It depends. Under Georgia FAO 05-12, such representation implicates Rule 3.5(a)'s bar on improperly influencing officials, and a lawyer should not take the case where an inference of improper influenc…
Can a part-time law clerk appear as a lawyer for a client before the judge the clerk currently works for?
No. Under Georgia FAO 05-3, a law clerk representing a client before the clerk's present employer-judge violates Rule 1.7, and the conflict cannot be cured by client consent because of Rule 3.5(a)'s b…
Can in-house counsel agree that the employer will hold the lawyer harmless for malpractice instead of carrying malpractice insurance?
Yes, if conditions are met. Under Georgia FAO 05-2, a hold harmless agreement between an employer and its in-house lawyer is ethical when the employer makes an informed business judgment to use it in …
Can Georgia local counsel be disciplined for discovery abuses committed by out-of-state lead counsel admitted pro hac vice?
Yes, in defined circumstances. Under Georgia FAO 05-10, local counsel can be disciplined under Rule 5.1(c) for lead counsel's discovery abuse when local counsel knows of it (including willful blindnes…
Can a Georgia lawyer or firm work as, or hire, a temporary or contract lawyer, and how are conflicts, confidentiality, and fees handled?
Yes. Under Georgia FAO 05-9, nothing prohibits the use of temporary lawyers, but the temporary lawyer and the firm must manage conflicts, imputed disqualification, confidentiality, client disclosure, …
Can a lawyer add a notice to client letters saying the client waives any malpractice claim unless they object within a short period?
No. Under Georgia FAO 05-8, stamping client correspondence with language that causes the client to waive malpractice claims unless they object immediately violates Rule 1.8(h), because the client is n…
Must a Georgia lawyer who supervises a real estate closing hold the closing proceeds in an IOLTA or interest-bearing trust account?
Yes. Under Georgia FAO 04-1, a lawyer who supervises a real estate closing is a fiduciary as to the closing proceeds and must keep them in an IOLTA account (if nominal or short-term) or an interest-be…
Can a Georgia lawyer take a referral fee from a financial adviser for sending clients to that adviser?
Only with great care. Under Georgia FAO 03-3, such a solicitation agreement is ethically and legally perilous; at a minimum Rule 1.7 requires written disclosure and informed consent to the lawyer's pe…
Can a Georgia lawyer charge a client a non-refundable retainer that the lawyer keeps even if the representation ends early?
Yes, within limits. Under Georgia FAO 03-1, a lawyer may contract for a non-refundable special retainer so long as the lawyer still refunds any advance fee not yet earned under Rule 1.16(d) and the fe…
Can a lawyer bill in rounded standard time units, like 15 minutes, regardless of the actual time spent on a task?
Yes, with limits. Under Georgia FAO 01-1, a lawyer may bill in standard time units only if the resulting fee is reasonable under Rule 1.5(a) and the lawyer clearly communicates the standard-unit billi…
Can a lawyer supervise a real estate closing by telephone while a paralegal is physically present at the closing?
No. Georgia FAO 00-3 concluded that a lawyer's participation by telephone, with only a paralegal physically present, did not provide the direct and constant supervision required, so the lawyer's physi…
Can a lawyer let a nonlawyer staff member prepare and sign letters that give legal advice or threaten legal action?
No. Georgia FAO 00-2 concluded that letting a nonlawyer prepare and sign correspondence giving legal advice or threatening legal action aided the unauthorized practice of law, because it created the r…
Is Georgia Formal Advisory Opinion 00-1 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 00-1, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the B…
Can a lender's in-house counsel provide legal services to the borrower, and can the lender charge the borrower a legal fee?
No to both. Georgia FAO 99-2 concluded that in-house counsel for a real estate lender may not provide legal services to the lender's customer arising out of their relationship; doing so assists the le…
Is Georgia Formal Advisory Opinion 99-1 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 99-1, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the B…
Can a firm represent one co-defendant when an 'of counsel' lawyer at the same firm represents the other?
Generally no. Georgia FAO 98-4 concluded that because an 'of counsel' lawyer must have a close, regular, personal relationship with the firm, the conflict rules that apply to partners and associates a…
Can a lawyer leaving a firm contact the firm's clients to tell them about the move?
Yes, for clients the lawyer worked with. Georgia FAO 97-3 concluded a departing attorney may contact clients with whom the lawyer had significant contact or active representation to advise of the depa…
Can a legal services lawyer write a state official directly about a client's treatment without going through the Attorney General?
Yes. Georgia FAO 98-3 concluded that a staff lawyer for a non-profit legal services group may contact state officials, such as a prison warden, to raise concerns about the treatment of an incarcerated…
What can a lawyer do with unclaimed client funds in the trust account when the owner can't be found?
Escheat them, but only after a diligent search. Georgia FAO 98-2 concluded that a lawyer holding unclaimed client or fiduciary funds may remove them from the escrow trust account and deliver them to t…
Is Georgia Formal Advisory Opinion 98-1 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 98-1, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the B…
Can a lawyer practice in more than one law firm at the same time?
Yes, with conditions. Georgia FAO 97-2 concluded a lawyer may practice in more than one firm if the firms have different ownership, the public and clients are clearly informed, and each firm follows t…
Is Georgia Formal Advisory Opinion 97-1 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 97-1, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the B…
Can a lawyer require a client to release malpractice and bar-complaint claims before returning the client's file?
No. Georgia FAO 96-1 concluded that a lawyer may not condition the return of a discharged client's files on the client signing a release of all claims, including malpractice claims and State Bar disci…
Is Georgia Formal Advisory Opinion 96-2 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 96-2, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the B…
Can a lawyer join a program that buys client fee bills and collects the fees from the client?
No. Georgia FAO 95-1 concluded that Georgia lawyers cannot ethically participate in a program that purchases client fee bills and collects them, because participation will result in violating one or m…
Can a lawyer referral service take a percentage of the fees earned on cases it refers?
No. Georgia FAO 94-1 concluded that any division of a lawyer's fees with a lawyer referral service is the sharing of fees with a nonlawyer in violation of Standard 26; a lawyer may pay only the usual …
Must a public defender give an indigent client a free copy of the trial transcript for a post-conviction challenge?
Yes, when needed. Georgia FAO 93-4 concluded that Standard 22(b) requires a criminal defense lawyer to give indigent clients copies of transcripts, without cost, whenever that is necessary to avoid fo…
Can a prosecutor make a plea deal conditional on the defendant's appointed or pro bono lawyer waiving their attorney's fees?
No. Georgia FAO 93-3 concluded it is unethical for a prosecutor to condition a plea agreement on appointed or pro bono defense counsel waiving any claim for attorney's fees, because it creates a non-w…
Is Georgia Formal Advisory Opinion 93-2 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 93-2, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the B…
Is Georgia Formal Advisory Opinion 93-1 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 93-1, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the B…
Is Georgia Formal Advisory Opinion 92-2 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 92-2, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the B…
Is Georgia Formal Advisory Opinion 92-1 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 92-1, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the B…
Can a lawyer deposit a retainer or advance fee for work not yet done into the firm's general operating account instead of a trust account?
Generally yes. Georgia FAO 91-2 concluded that a lawyer need not place advance fees in a trust account absent special circumstances needed to protect the client, such as the parties' agreement, the si…
Can a lawyer be named executor or trustee in a will or trust the lawyer drafted for the client?
Yes, with safeguards. Georgia FAO 91-1 concluded a lawyer may be named executor or trustee in an instrument the lawyer drafted if the lawyer did not influence the choice, fully disclosed the conflicts…
Is Georgia Formal Advisory Opinion 91-3 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 91-3, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the B…
Is Georgia Formal Advisory Opinion 90-2 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 90-2, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the B…
Is Georgia Formal Advisory Opinion 90-1 still in effect?
No. The State Bar of Georgia has replaced Formal Advisory Opinion 90-1, and its text is not published in the online handbook. The State Bar directs anyone seeking the replaced opinion to contact the B…
Can a part-time judge also work as a criminal defense lawyer?
Not categorically barred. Georgia FAO 86-2 concluded that part-time judges may represent criminal defendants in other courts, but regular or exclusive criminal defense work by a judge who issues warra…
Can a lawyer delegate the closing of a real estate transaction to a nonlawyer?
No. Georgia FAO 86-5 concluded that closing a real estate transaction is the practice of law, so a lawyer may not delegate the responsibility to close the transaction to a nonlawyer, though specific t…
Can a lawyer who sits on the city council represent clients before judges the council appoints if the lawyer abstains from the appointment vote?
No, and abstaining is not the answer. Georgia FAO 89-2 advised that an attorney who is also a city council member should avoid representing private clients before Recorder's Court judges the council a…
Can a lawyer file suit before the statute of limitations runs without yet having full factual support for the claim?
Yes, within limits. Georgia FAO 87-1 concluded that filing suit before complete factual support exists is not improper if a reasonable attorney would conclude there is a reasonable possibility that su…
Can a lawyer send a statutory demand notice directly to an unrepresented opposing party?
Yes, with disclaimers. Georgia FAO 88-3 concluded that a lawyer may send the O.C.G.A. 51-12-14 demand notice to an unrepresented party if the notice states it is sent only to establish a claim for int…
Can an in-house lawyer collect statutory attorney's fees that go to the lawyer's employer?
Yes. Georgia FAO 88-2 concluded that an attorney-employee may collect statutory attorney's fees on a defaulted note that accrue to the employer, because the employer is the client and the fees are tre…
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Legal ethics opinions from the State Bar of Georgia interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.