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 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…
Can a Georgia lawyer hold a client's file under a retaining lien until unpaid fees are paid?
Generally no. Georgia FAO 87-5 concluded that a lawyer's ethical duty not to prejudice the client is paramount over the statutory retaining lien, so the lawyer may not withhold the client's papers…
Can a Georgia lawyer take a security interest in marital property to secure fees in a divorce case?
Yes, with written consent. Georgia FAO 86-7 concluded that a lawyer may acquire a security interest in marital property to secure reasonable attorney's fees in a domestic relations case if the…
Can a plaintiff's lawyer write directly to an insured defendant about the insurer's duty to settle within policy limits?
No legal advice. Georgia FAO 86-4 concluded that a plaintiff's personal-injury lawyer may not write the insured defendant a letter containing legal advice, such as advice about the insurer's…
Can a county attorney in Georgia represent criminal defendants?
Not categorically. Georgia FAO 86-3 found no per se bar to a county attorney, or the attorney's partners or associates, representing criminal defendants, except where the defendant is charged with…
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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. Under Georgia Bar Rule 4-403, a formal advisory opinion that the Supreme Court of Georgia approves or modifies is binding on all members of the State Bar of Georgia and carries the same precedential weight as the Court's published opinions. An opinion the Court has not reviewed binds only the State Bar and the person who asked for it; the Court treats it as persuasive. Source. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.