Rule 4-102. Disciplinary Action; Levels of Discipline; Standards

(a)  The Standards ofConduct to be observed by the members of the State Bar of Georgia and those authorized to practicelaw in Georgia are set forth herein and any violation thereof shall subject the offender todisciplinary action and/or punishment as hereinafter provided.
(b)  The levels of discipline are set forth below. Thepower to administer a greater punishment shall include the power to administer the lesser:

 

(1)  Disbarment: A  form of public discipline removing the respondent from the practice of law in Georgia. This level  of discipline includes publication as provided by Rule 4-219(b).
  (2)  Suspension: A form of public discipline which  removes the respondent from the practice of law in Georgia for a definite period of time or until  satisfaction of certain conditions imposed as a part of the suspension. This level of discipline  includes publication as provided by Rule 4-219(b).
  (3) Public Reprimand: A form of public discipline which  declares the respondent's conduct to have been improper but does not limit his right to practice.  A public reprimand shall be administered by a judge of a superior court in open court.
  (4) Review Panel Reprimand: A form of public discipline  which declares the respondent's conduct to have been improper but does not limit his right to  practice. A Review Panel Reprimand shall be administered by the Review Panel at a meeting of the  Review Panel.
  (5) Investigative Panel Reprimand: A form of confidential  discipline which declares the respondent's conduct to have been improper but does not limit his  right to practice. An Investigative Panel Reprimand shall be administered by the Investigative  Panel at a meeting of the Investigative Panel.
  (6) Formal Admonition: A form of confidential discipline  which declares the respondent's conduct to have been improper but does not limit his right to  practice. A formal admonition shall be administered by letter as provided in Rules 4-205 through  4-208.

(c)      (1) The Supreme Court of Georgia may impose any of the levels of discipline set forth abovefollowing formal proceedings against a respondent; however, any case where discipline is imposed bythe Court is a matter of public record despite the fact that the level of discipline would have beenconfidential if imposed by the Investigative Panel of the State Disciplinary Board.
(2)  Asprovided in Part IV, Chapter 2 of the State Bar Rules, the Investigative Panel of the StateDisciplinary Board may impose any of the levels of discipline set forth above provided that arespondent shall have the right to reject the imposition of discipline by the Investigative Panelpursuant to the provisions of Rule 4-208.3;

(d)  The Standards ofConduct are:

Standard 1.
A lawyer shall not make a materially false statement in orfail to disclose a material fact requested in connection with his application for admission to thebar. A violation of this standard may be punished by disbarment.

Standard 2.
A lawyer shall not further the application for admission tothe bar of another person known by him to be unqualified in respect to character, education, orother relevant attribute. A violation of this standard may be punished by disbarment.

Standard 3.
A lawyer shall not engage in illegal professional conductinvolving moral turpitude. A violation of this standard may be punished by disbarment.

Standard 4.
A lawyer shall not engage in professional conduct involvingdishonesty, fraud, deceit, or willful misrepresentation. A violation of this standard may bepunished by disbarment.

Standard 5.
(a)  A lawyer shall not make any false, fraudulent,deceptive, or misleading communication about the lawyer or the lawyer's services. A communication isfalse or misleading if it:

 

(1)  contains a  material misrepresentation of fact or law, or omits a fact necessary to make the statement  considered as a whole not materially misleading;
  (2) is likely to create an unjustified expectation about  results the lawyer can achieve, or states or implies that the lawyer can achieve results by means  that violate the disciplinary rules or other law;
  (3) compares the lawyer's services with other lawyers'  services, unless the comparison can be factually substantiated; or
  (4) fails to include the name of at least one lawyer  responsible for its content.

(b)  If a communicationpromoting a lawyer's services contains any information regarding contingent fees, then the followinglanguage must be conspicuously presented:

 

"Contingent attorneys' fees refers only to those fees charged  by attorneys for their legal services. Such fees are not permitted in all types of cases. Court  costs and other additional expenses of legal action usually must be paid by the client."

Additionally, if the communication contains the phrase "no feeunless you win or collect" or any similar language, the following language must beconspicuously presented:

 

"'No fee unless you win or collect' [or insert the similar  language in communication] refers only to fees charged by the attorney. Such contingent fees are  not permitted in all types of cases. Court costs and other additional expenses of legal action  usually must be paid by the client."

A violation of this standardmay be punished by disbarment.

Standard 6.
(a)  Subject to the requirements of Standard 5, alawyer may advertise services through public media, such as a telephone directory, newspaper orother periodical, radio or television, or through written communication not involving personalcontact.
(b)  Written communications to a prospective client forthe purpose of obtaining professional employment shall be plainly marked "Advertisement"on the face of the envelope and on the top of each page of the written communication in typesize nosmaller than the largest typesize used in the body of the letter.
(c)  A copy of any written communication mailed toprospective clients for the purpose of obtaining employment and a list of names and addresses towhom the written communication was sent shall be retained by the lawyer for a period of four (4)years.
(d)  A lawyer shall not send, or knowingly permit to besent, on behalf of himself, his firm, his partner, associate, or any other lawyer affiliated withhim or his firm, a written communication to a prospective client for the purpose of obtainingprofessional employment if:

 

(1)  the written  communication concerns a specific matter, and the lawyer knows or reasonably should know that the  person is represented by a lawyer in the matter;
  (2)  it has been made known to the lawyer that a  person does not desire to receive communications from the lawyer;
  (3)  the communication involves coercion, duress,  fraud, overreaching, harassment, intimidation or undue influence;
  (4)  the written communication concerns an action for  personal injury or wrongful death or otherwise relates to an accident or disaster involving the  person to whom the communication is addressed or a relative of that person, unless the accident or  disaster occurred more than 30 days prior to the mailing of the communication;
  (5)  the lawyer knows or reasonably should know that  the physical, emotional or mental state of the person is such that the person could not exercise  reasonable judgment in employing a lawyer.

A violation of any provisionof this standard may be punished by disbarment.

Standard 7.
(a)  A public communication for which a lawyer hasgiven value must be identified as such unless it is apparent from the context that it is such acommunication.
(b)  Public communications disseminated to the publicby use of electronic media shall be prerecorded and the prerecorded communication shall be approvedby the lawyer before it is broadcast. A recording of the actual transmission and a writtentranscript of the same shall be retained by the lawyer for a period of four (4) years.
A violation of this standard may be punished by publicreprimand.

Standard 8.
A lawyer shall not use a firm name, professional card,professional announcement card, office sign, letterhead, telephone directory listing, law list,legal directory listing or similar professional notice or designation that includes a statement orclaim that is false, fraudulent, deceptive or misleading. A statement or claim is false andmisleading if it violates the provisions of Standard 5. A violation of this standard may be punishedby a public reprimand.

Standard 9.
(a)  A lawyer or law firm in private practice shall notpractice under a trade name if it is false, fraudulent, deceptive or misleading as to the lawyer orlawyers practicing under that name or to the type of practice in which the lawyer or lawyers areengaged. A trade name is false or misleading if:

 

(1)   the trade  name does not include the name of at least one of the lawyers practicing under said name, but a  law firm name consisting solely of the name or names of deceased or retired members of the firm  does not have to include the name of an active member of the firm; or
  (2)  the trade name implies a connection with a  government agency, with a public or charitable legal services organization or any other  organization, association or institution or entity, unless there is, in fact, a connection.

(b)  The name of alawyer holding a public office shall not be used in the name of a law firm, or in communications onits behalf, during any substantial period in which the lawyer is not actively and regularlypracticing with the firm. A law firm may use or continue to include in its name the name or names ofone or more deceased or retired members of the firm or of a predecessor firm in a continuing line ofsuccession.
(c)  A law firm shall not simultaneously practice lawunder more than one name.
A violation of this standard may be punished by a publicreprimand.

Standard 10.
A lawyer shall not hold himself out as having a partnershipwith one or more other lawyers, unless they are, in fact, partners. A partnership for the practiceof law may be composed of one or more individual professional corporations. However, the letterheadand professional cards of the professionally incorporated lawyer should show that he is aprofessional corporation. A violation of this standard may be punished by a public reprimand.

Standard 11.
A law firm practicing in more than one jurisdiction may usethe same name in each jurisdiction, but identification of the members and associates in any officeof the firm shall indicate the jurisdictional limitations on those not licensed to practice in thejurisdiction where the office is located. A violation of this standard may be punished by a publicreprimand.

Standard 12.
A lawyer shall not solicit professional employment as aprivate practitioner for himself, his partner or associate through direct personal contact with anon-lawyer who has not sought his advice regarding employment of a lawyer. A violation of thisstandard may be punished by disbarment.

Standard 13.
A lawyer shall not compensate or give anything of value to aperson or organization to recommend or secure his employment by a client, or as a reward for havingmade a recommendation resulting in his employment by a client; except that he may pay for publiccommunications permitted by Standard 5 and the usual and reasonable fees or dues charged by a bonafide lawyer referral service operated by an organization authorized by law and qualified to dobusiness in this state; provided, however, such organization has filed with the State DisciplinaryBoard, at least annually, a report showing its terms, its subscription charges, agreements withcounsel, the number of lawyers participating, and the names and addresses of lawyers participatingin the service.
A violation of this standard may be punished by disbarment.

Standard 14.
A lawyer may assist in, cooperate with, or offer anyqualified legal services plan or assist in or cooperate with any insurer providing legal servicesinsurance as authorized by law, to promote the use of his services, his partner or associate so longas his assistance, cooperation or offer and the communications of the organization are not false,fraudulent, deceptive or misleading. A violation of this standard may be punished by a publicreprimand.

Standard 15.
A lawyer may assist and cooperate with a non-profitorganization which provides without charge legal services to others, as a form of political orassociational expression, in the promotion of the use of his services or those of his partner orassociate provided that his assistance or the communications of the organization on his behalf arenot false, fraudulent, deceptive, or misleading. A violation of this standard may be punished by apublic reprimand.

Standard 16.
A lawyer shall not accept employment when he knows or it isobvious that the person who seeks his services does so as a result of conduct by any person ororganization prohibited under Standards 12, 13, 14 or 15. A violation of this standard may bepunished by disbarment.

Standard 17.
A lawyer who has given in-person unsolicited advice to alayperson that he should obtain counsel or take legal action shall not accept employment resultingfrom that advice, except:
(a)  A lawyer may accept employment from a closefriend, relative, former client (if the advice is germane to the former employment), or one whom thelawyer reasonably believes to be a client;
(b)  Under the auspices of a public or charitable legalservices organization; or
(c)  Under the auspices of a bona fide political,social, civic, fraternal, employee or trade organization whose purposes include but are not limitedto providing or recommending legal services, if the legal services are related to the principalpurposes of the organization.
A violation of this standard may be punished by a publicreprimand.

Standard 18.
A lawyer may communicate the fact that the lawyer does ordoes not practice in particular fields of law. A lawyer who is a specialist or is certified in aparticular field of law by experience, specialized training or education, or by certification by arecognized and verifiable professional entity, may communicate such specialty or certification solong as the statement is not false or misleading.
A violation of this Standard may be punished by publicreprimand.

Standard 19.
A lawyer may state, announce or hold himself out as limitinghis practice to a particular area or field of law so long as his communication of such limitation ofpractice is not false, fraudulent, deceptive or misleading. A violation of this standard may bepunished by a public reprimand.

Standard 20.
A lawyer shall not divide a fee for legal services withanother lawyer who is not a partner in or associate of his law firm or law office, unless:
(a)  the client consents to employment of the otherlawyer after a full disclosure that a division of fees will be made;
(b)  the division is made in proportion to the servicesperformed and responsibility assumed by each;
(c)  the total fee of the lawyers does not clearlyexceed reasonable compensation for all legal services they rendered the client.
(d)  This disciplinary standard does not prohibitpayment to a former partner or associate pursuant to a separation or retirement agreement.
A violation of this standard may be punished by a publicreprimand.

Standard 21.
A lawyer representing a client before a tribunal, with itspermission if required by its rules, shall withdraw from employment and a lawyer representing aclient in other matters shall withdraw from employment, if he is discharged by his client. Aviolation of this standard may be punished by a public reprimand.

Standard 22.
Withdrawal in general:
(a)  if permission for withdrawal from employment isrequired by the rules of a tribunal, a lawyer shall not withdraw from employment in a proceedingbefore that tribunal without its permission.
(b)  In any event a lawyer shall not withdraw fromemployment until he has taken reasonable steps to avoid foreseeable prejudice to the rights of hisclient, including giving due notice to his client, allowing time for employment of other counsel,delivering to the client all papers and property to which the client is entitled and complying withapplicable laws and rules.
A violation of this standard may be punished by a publicreprimand.

Standard 23.
A lawyer who withdraws from employment shall refund promptlyany part of a fee paid in advance that has not been earned. A violation of this standard may bepunished by a public reprimand.

Standard 24.
A lawyer shall not aid a nonlawyer in the unauthorizedpractice of law. A violation of this standard may be punished by a public reprimand.

Standard 25.
A lawyer shall not practice law in a jurisdiction where todo so would be in violation of regulations of the profession in that jurisdiction. A violation ofthis standard may be punished by a public reprimand.

Standard 26.
A lawyer or law firm shall not share legal fees with anonlawyer, except that:
(a)  an agreement by a lawyer with his firm, partner,or associate may provide for the payment of money, over a reasonable period of time after his death,to his estate or to one or more specified persons.
(b)  a lawyer who undertakes to complete unfinishedlegal business of a deceased lawyer may pay to the estate of the deceased lawyer that proportion ofthe total compensation which fairly represents the services rendered by the deceased lawyer.
(c)  a lawyer or law firm may include nonlawyeremployees in a retirement plan, even though the plan is based in whole or in part on a profitsharing agreement.
A violation of this standard may be punished by disbarment.

Standard 27.
A lawyer shall not form a partnership with a nonlawyer ifany of the activities of the partnership consist of the practice of law. A violation of thisstandard may be punished by disbarment.

Standard 28.
A lawyer may not reveal the confidence and secrets of aclient.
(a)  Except when permitted under Standard 28(b) below,a lawyer shall not knowingly:

 

(1)  use a confidence  or secret of his client to the disadvantage of his client;
  (2) use a confidence or secret of his client for the  advantage of himself or of a third person, unless the client consents after full disclosure.

(b)  A lawyer mayreveal:

 

(1)  confidences or  secrets with the consent of the client or clients affected, but only after a full disclosure to  them;
  (2)  confidences or secrets when permitted under  disciplinary rules or required by law or court order;
  (3)  the intention of his client to commit a crime  and the information necessary to prevent the crime;
  (4)  confidences or secrets necessary to establish or  collect his fee or to defend himself or his employees or associates against an accusation of  wrongful conduct.

(c) "Confidence" refers to information protected by the attorney-client privilege under anapplicable law, and "secret" refers to other information gained in the professionalrelationship that the client has requested to be held inviolate or the disclosure of which would beembarrassing or would likely be detrimental to the client.
A violation of this standard may be punished by disbarment.

Standard 29.
A lawyer shall exercise reasonable care to prevent hisemployees, associates, and others whose services are utilized by him from disclosing or usingconfidences or secrets of a client, except that a lawyer may reveal the information allowed byStandard 28(b) through an employee. A violation of this standard may be punished by disbarment.

Standard 30.
Except with the written consent or written notice to hisclient after full disclosure a lawyer shall not accept or continue employment if the exercise of hisprofessional judgment on behalf of his client will be or reasonably may be affected by his ownfinancial, business, property or personal interests. A violation of this standard may be punished bydisbarment.

Standard 31.
(a)  A lawyer shall not enter into an agreement for,charge, or collect an illegal or clearly excessive fee.
(b)  A fee is clearly excessive when, after a review ofthe facts, a lawyer of ordinary prudence would be left with a definite and firm conviction that thefee is in excess of a reasonable fee. Factors to be considered as guides in determining thereasonableness of a fee include the following:

 

  (1) The  time and labor required, the novelty and difficulty of the questions involved, and the skill  requisite to perform the legal service properly.
  (2) The likelihood, if apparent to the client, that the  acceptance of the particular employment will preclude other employment by the lawyer.
  (3) The fee customarily charged in the locality for  similar legal services.
  (4) The amount involved and the results obtained.
  (5) The time limitations imposed by the client or by the  circumstances.
  (6) The nature and length of the professional relationship  with the client.
  (7) The experience, reputation, and ability of the lawyer  or lawyers performing the services.
  (8) Whether the fee is fixed or contingent.

(c) A lawyershall not acquire a proprietary interest in the cause of action or subject matter of litigation thelawyer is conducting for a client, except that the lawyer may:

 

  (1)   subject to the requirements of Standard 22(b), acquire a lien granted by law to secure his fee or  expenses;
  (2)  contract with a client for a reasonable  contingent fee in a civil matter.

(d) Except asprohibited by paragraph (a) of this Standard or by other law, a lawyer may accept a retainer orenter an agreement for compensation for services rendered or to be rendered in an action, claim orproceeding, whereby the lawyer's compensation is to be dependent or contingent in whole or in partupon the successful prosecution or settlement thereof.

 

  (1)   Such a contingent fee agreement shall be in writing and shall state the method by which the fee is  to be determined, including the percentage or percentages that shall accrue to the lawyer in the  event of settlement, trial or appeal, whether litigation and other expenses are to be deducted  from the recovery, and whether such expenses are to be deducted before or after the contingent fee  is calculated.
  (2) Upon conclusion of a contingent fee matter, the lawyer  shall provide the client with a written statement stating the following:

 

   

     

(i)  the outcome of the matter; and,
      (ii)  if there is a recovery:

     

      (aa)       the remittance to the client;
      (bb)  the method of its determination;
      (cc)  the amount of the attorney fee, and
      (dd)  if the attorney's fee is divided with      another lawyer who is not a partner in or an associate of the lawyer's firm or law office, the      amount of fee received by each and the manner in which the division is determined.

   

 

A violation of this standardmay be punished by a public reprimand.

Standard 32.
While representing a client in connection with contemplatedor pending litigation, a lawyer shall not advance or guarantee financial assistance to his client,except that a lawyer may advance or guarantee the expenses of litigation, including court costs,expenses of investigation, expenses of medical examination, and costs of obtaining and presentingevidence, provided the client remains ultimately liable for such expenses. A violation of thisstandard may be punished by a public reprimand.

Standard 33.
A lawyer shall not enter into a business transaction with aclient if they have differing interests therein and if the client expects the lawyer to exercise hisprofessional judgment therein for the protection of the client unless the client has consented afterfull disclosure. A violation of this standard may be punished by a public reprimand.

Standard 34.
Prior to conclusion of all aspects of the matter giving riseto his employment, a lawyer shall not enter into any arrangement or understanding with a client or aprospective client by which he acquires an interest in publication rights with respect to thesubject matter of his employment or proposed employment. A violation of this standard may bepunished by a public reprimand.

Standard 35.
A lawyer shall decline proffered employment if the exerciseof his independent professional judgment on behalf of a client will be or is likely to be adverselyaffected by his representation of another client, except to the extent permitted under Standard 37.A violation of this standard may be punished by disbarment.

Standard 36.
A lawyer shall not continue multiple employment if theexercise of his independent professional judgment on behalf of a client will be or is likely to beadversely affected by his representation of another client, except to the extent permitted underStandard 37. A violation of this standard may be punished by disbarment.

Standard 37.
In the situations covered by Standards 35 and 36, a lawyermay represent multiple clients if it is obvious that he can adequately represent the interest ofeach and if each consents to the representation after full disclosure of the possible effect of suchrepresentation on the exercise of his independent professional judgment on behalf of each. Aviolation of this standard may be punished by disbarment.

Standard 38.
If a lawyer is required to decline employment or to withdrawfrom employment under Standards 35, 36, or 37, no partner or associate of his or his firm may acceptor continue such employment. A violation of this standard may be punished by disbarment. This ruledoes not extend to the partners and associates of part time solicitors or judges of a state courtwhen they represent criminal defendants in courts other than the one in which such part timesolicitor or judge serves unless an actual conflict of interest is shown.

Standard 39.
A lawyer who represents two or more clients shall not makeor participate in the making of an aggregate settlement of the claims of or against his clients,unless each client has consented to the settlement after being advised of the existence and natureof all the claims involved in the proposed settlement, of the total amount of the settlement, and ofthe participation of each person in the settlement. A violation of this standard may be punished bya public reprimand.

Standard 40.
Except with the consent of his client after full disclosure,a lawyer shall not:
(a)  accept compensation for his legal services fromone other than his client or the client's representative;
(b)  accept from one other than his client or theclient's representative anything of value related to his representation of or his employment by hisclient.
A violation of this standard may be punished by disbarment.

Standard 41.
A lawyer shall not permit a person who recommends, employs,or pays him to render legal services for another to direct or regulate his professional judgment inrendering such legal services. A violation of this standard may be punished by disbarment.

Standard 42.
A lawyer shall not practice with or in the form of aprofessional corporation or association authorized to practice law for a profit, if:
(a)  a nonlawyer owns any interest therein, except thata fiduciary representative of the estate of a lawyer may hold the stock or interest of the lawyerfor a reasonable time during administration; or
(b)  a nonlawyer is a corporate director or officerthereof, except that the single practitioner may allow a nonlawyer to serve in the capacity ofsecretary of his professional corporation so long as that nonlawyer is without power to exercisecontrol of the corporation; or
(c)  a nonlawyer has the right to direct or control theprofessional judgment of the lawyer.
A violation of this standard may be punished by disbarment.

Standard 43.
A lawyer shall not handle a matter which he knows or shouldknow that he is clearly incompetent to handle without associating with him a lawyer whom hereasonably believes to be competent to handle it. A violation of this standard may be punished bydisbarment.

Standard 44.
A lawyer shall not without just cause to the detriment ofhis client in effect wilfully abandon or wilfully disregard a legal matter entrusted to him. Aviolation of this standard may be punished by disbarment.

Standard 45.
In his representation of a client, a lawyer shall not:
(a)  knowingly use perjured testimony or falseevidence;
(b)  knowingly make a false statement of law or fact;
(c)  participate in the creation or preservation ofevidence when he knows or it is obvious that the evidence is false;
(d)  counsel or assist his client in conduct that thelawyer knows to be illegal or fraudulent;
(e)  knowingly engage in other illegal conduct orconduct contrary to a disciplinary rule;
(f)  institute, cause to be instituted or settle alegal proceeding or claim without obtaining proper authorization from his client.
A violation of this standard may be punished by disbarment.

Standard 46.
In his representation of a client, a lawyer shall notconceal or knowingly fail to disclose that which he is required by law to reveal. A violation ofthis standard may be punished by a public reprimand.

Standard 47.
During the course of his representation of a client, alawyer shall not communicate or cause another to communicate on the subject of the representationwith a party he knows to be represented by a lawyer in that matter unless he has the prior writtenconsent of the lawyer representing such other party or is authorized by law to do so. A violation ofthis standard may be punished by a public reprimand.

Standard 48.
During the course of his representation of a client, alawyer shall not give advice to a person who is not represented by a lawyer, other than the adviceto secure counsel, if the interests of such person are or have a reasonable possibility of being inconflict with the interests of his client. A violation of this standard may be punished by a publicreprimand.

Standard 49.
A lawyer shall not present, participate in presenting orthreaten to present criminal charges solely to obtain an advantage in a civil matter. A violation ofthis standard may be punished by a public reprimand.

Standard 50.
In presenting a matter to a court or tribunal a lawyer shallnot engage in undignified, discourteous or disruptive conduct which is degrading to the court ortribunal. A violation of this standard may be punished by a public reprimand.

Standard 51.
Before the trial of a case a lawyer connected therewithshall not communicate with or cause another to communicate with anyone he knows to be a member ofthe venire from which the jury will be selected for the trial of the case with the intent toinfluence the outcome of the case. A violation of this standard may be punished by disbarment.

Standard 52.
During the trial of a case a lawyer connected therewithshall not communicate with, or cause another to communicate with, any member of the jury, except inthe course of official proceedings. A violation of this standard may be punished by disbarment.

Standard 53.
After discharge of the jury from further consideration of acase with which the lawyer was connected, the lawyer shall not ask questions of or make comments toa member of that jury that are calculated to harass or embarrass the juror or to influence hisactions in further jury service. A violation of this standard may be punished by a public reprimand.

Standard 54.
A lawyer shall not conduct or cause, by financial support orotherwise, another to conduct a vexatious or harassing investigation of either venireman or juror. Aviolation of this standard may be punished by a public reprimand.

Standard 55.
A lawyer shall reveal promptly to the court improper conductby a venireman or a juror or a member of his family, of which the lawyer has knowledge. A violationof this standard may be punished by a public reprimand.

Standard 56.
A lawyer shall not suppress any evidence that he or hisclient has a legal obligation to reveal or produce. A violation of this standard may be punished bydisbarment.

Standard 57.
A lawyer shall not advise or cause a person to secretehimself or to leave the jurisdiction of a tribunal for the purpose of making him unavailable as awitness therein. A violation of this standard may be punished by disbarment.

Standard 58.
A lawyer shall not pay, offer to pay, or acquiesce in thepayment of compensation to a witness contingent upon the content of his testimony or the outcome ofthe case. But a lawyer may advance, guarantee, or acquiesce in the payment of:
(a) expenses reasonably incurred by a witness in attendingor testifying;
(b) reasonable compensation to a witness for his loss oftime in attending or testifying;
(c) a reasonable fee for the professional services of anexpert witness.
A violation of this standard may be punished by disbarment.

Standard 59.
A lawyer shall not give or lend anything of value to anofficial, or employee of a tribunal for the purpose of influencing improperly any decision orofficial action. A violation of this standard may be punished by disbarment.

Standard 60.
In an adversary proceeding, a lawyer shall not initiatecommunication or cause another to initiate communication as to the merits of the cause with a judgeor an official before whom the proceeding is pending, except:
(a)  in the course of official proceedings in thecause;
(b)  in writing if he simultaneously delivers a copy ofthe writing to opposing counsel or to the adverse party if he is not represented by an attorney;
(c)  orally upon adequate notice to opposing counsel orto the adverse party if he is not represented by an attorney;
(d)  as otherwise authorized by law or by the Code ofJudicial Conduct.
A violation of this standard may be punished by a publicreprimand.

Standard 61.
A lawyer shall promptly notify a client of the receipt ofhis funds, securities or other properties and shall promptly deliver such funds, securities or otherproperties to the client. A violation of this standard may be punished by disbarment.

Standard 62.
A lawyer shall identify and label funds, securities andother properties of a client promptly upon receipt and place them in a safe deposit box or otherplace of safekeeping as soon as practicable. A violation of this standard may be punished bydisbarment.

Standard 63.
A lawyer shall maintain complete records of all funds,securities, and other properties of a client coming into the possession of the lawyer and promptlyrender appropriate accounts to his client regarding them. A violation of this standard may bepunished by disbarment.

Standard 64.
A lawyer shall not fail to pay any final judgment or ruleabsolute rendered against such lawyer for money collected by him as a lawyer within ten (10) daysafter the time appointed in the order or judgment. In such cases the record of the judgment isconclusive evidence unless obtained without valid service of process. A violation of this standardmay be punished by disbarment.

Standard 65
(A)  Alawyer shall not commingle his client's funds with his own, and shall not fail to account for trustproperty, including money and interest paid on the client's money, if any, held in any fiduciarycapacity.
(B)  No later than July 1, 1991 (unless a lawyer haselected to exempt some or all of his accounts as provided in subparagraph (C) below), all client'sfunds shall be placed in either an interest-bearing account with the interest being paid to theclient or an interest-bearing (IOLTA) account with the interest being paid to the Georgia BarFoundation as hereinafter provided.

 

  (1)   With respect to funds which are not nominal in amount, or are not to be held for a short period of  time, a lawyer shall, with or without notice to his clients, create and maintain an  interest-bearing trust account with any bank, credit union or savings and loan association which  is authorized by federal or state law to do business in Georgia and which is federally insured,  with the interest to be paid to the client. No earnings from such an account shall be made  available to a lawyer or law firm.
  (2)  With respect to funds which are nominal in  amount or are to be held for a short period of time, a lawyer shall, with or without notice to the  client, create and maintain an interest-bearing, government insured trust account (IOLTA) in  compliance with the following provisions:

 

   

    (a)     No earnings from such an IOLTA account shall be made available to a lawyer or law firm;
    (b) The account shall include all clients' fund which    are nominal in amount or which are to be held for a short period of time;
    (c) An interest-bearing trust account may be established    with any bank, credit union or savings and loan association authorized by federal or state law    to do business in Georgia and federally insured. Funds in each interest-bearing trust account    shall be subject to withdrawal upon request and without delay.
    (d) The rate of interest payable on any interest-bearing    trust account shall not be less than the rate paid by the depositor institution to regular,    non-lawyer depositors. Higher rates offered by the institution to customers whose deposits    exceed certain time or quantity minima, such as those offered in the form of certificates of    deposit, may be obtained by a lawyer or law firm on some or all of the deposit funds so long as    there is no impairment of the right to withdraw or transfer principal immediately.
    (e) Lawyers or law firms shall direct the depository    institution:

   

     

      (i)to      remit to the Georgia Bar Foundation interest or dividends, net of any charges or fees on that      account, on the average monthly balance in that account, or as otherwise computed in      accordance with a financial institution's standard accounting practice, at least quarterly.      Any bank fees or charges in excess of the interest earned on that account for any month shall      be paid by the lawyer or law firm in whose names such account appears, if required by the      bank;
      (ii)to      transmit with each remittance to the Foundation a statement showing the name of the lawyer or      law firm for whom the remittance is sent, the rate of interest applied, the average monthly      balance against which the interest rate is applied, the service charges or fees applied, and      the net interest remittance;
      (iii)to      transmit to the depositing lawyer or law firm at the same time a report showing the amount      paid to the Foundation, the rate of interest applied, the average account balance of the      period for which the report is made, and such other information provided to non-lawyer      customers with similar accounts.

   

   

    (3)     No charge of ethical impropriety or other breach of professional conduct shall attend the    determination that such funds are nominal in amount or to be held for a short period of time, or    to the decision to invest clients' funds in a pooled interest-bearing account.
    (4)  Whether the funds are designated short-term or    nominal or not, a lawyer or law firm may elect to remit all interest earned, or interest earned    net of charges, to his client or clients.

 

(C)  Ifan election not to participate in the program is submitted in accordance with the procedure setforth in this paragraph, a lawyer may elect not to maintain some or all of his escrow accounts inaccordance with paragraph (B) of this rule until July 1, 1991. The lawyer must prior to July 1,1990, make such election on a Notice of Election form provided by the Georgia Bar Foundation. Alawyer admitted into the Georgia Bar after July 1, 1990, but prior to July 1, 1991, who elects notto maintain such an account shall submit an appropriate Notice of Election within thirty days afteradmission into the Bar. If a Notice of Election is not submitted within the applicable time, thelawyer shall be required to maintain the account(s) described in paragraph (b) of this standard nolater than July 1, 1990. This subparagraph (C) shall become null and void on July 1, 1991.
(D) Every lawyer who practices law in Georgia, whether saidlawyer practices as a sole practitioner, or as a member of a firm, association, or professionalcorporation, and who receives money or property on behalf of a client or in any other fiduciarycapacity, shall maintain or have available a trust account as required by Standards 65.1 and 65.2.All funds held by a lawyer for a client and all funds held by a lawyer in any other fiduciarycapacity shall be deposited in and administered from such account. No personal funds of a lawyershall ever be deposited in a trust account, except (1) unearned attorney's fees held until earned,and (2) sufficient funds held to cover maintenance fees such as service charges on the account.Records on such trust accounts shall be so kept and maintained as to reflect at all times the exactbalance held for each client or other fiduciary. No funds shall be withdrawn from such trust accountfor the personal use of the lawyer maintaining the account except earned attorney's fees debitedagainst the account of a specific client and recorded as such.
A violation of paragraphs (A) or (D) of this standard may bepunished by disbarment and a violation of paragraphs (B) or (C) of this standard may be punished bypublic reprimand.

Standard 65.1. Required Bank Accounts.
Every lawyer who practices law in Georgia and who receivesmoney or other property on behalf of a client or in any other fiduciary capacity shall maintain, inan approved financial institution in Georgia as defined in Standard 65.3(a), in the name of thelawyer or law firm, a trust account or accounts, separate from any business and personal accounts,into which funds received by the lawyer on behalf of a client or in any other fiduciary capacityshall be deposited.
A violation of this standard may be punished by disbarment.

Standard 65.2. Description of Accounts.
(a)  A lawyer shall designate all trust accounts,whether general or specific, as well as all deposit slips and checks drawn thereon, as either an"Attorney Trust Account," "Attorney Escrow Account" or "Attorney FiduciaryAccount."
(b)  A lawyer shall designate all business accounts, aswell as all deposit slips and all checks drawn thereon, as a "Business Account," a"Professional Account," an "Office Account," a "General Account," a"Payroll Account" or a "Regular Account."
(c)  Nothing in this Standard shall prohibit a lawyerfrom using any additional description or designation for a specific business or trust accountincluding fiduciary accounts maintained by the lawyer as executor, guardian, trustee, receiver,agent or in any other fiduciary capacity.
A violation of this standard may be punished by publicreprimand.

Standard 65.3.
(a)  Approved Institutions.
(i)  Alawyer shall maintain his or her trust account only in Georgia financial institutions approved bythe State Bar, which shall annually publish a list of approved institutions. A financial institutionshall be approved as a depository for lawyer trust accounts if it abides by an agreement to reportto the State Disciplinary Board whenever any properly payable instrument is presented against alawyer trust account containing insufficient funds, and the instrument is not honored. The agreementshall apply to all branches of the financial institution and shall not be canceled except uponthirty days notice in writing to the State Disciplinary Board. The agreement shall be filed with theOffice of General Counsel on a form approved by the State Disciplinary Board. The agreement shallprovide that all reports made by the financial institution shall be in writing and shall include thesame information customarily forwarded to the depositor when an instrument is presented againstinsufficient funds.
(ii)  The StateDisciplinary Board shall establish procedures for a lawyer or law firm to be excused from therequirements of 65.3(a)(i) above if the lawyer or law firm has its principal office in a countywhere no bank, credit union, or savings and loan association will agree to comply with theprovisions of this Standard.
(b)  Timing of Reports
(i)  Thefinancial institution shall file a report with the Office of General Counsel of the State Bar ofGeorgia in every instance where a properly payable instrument is presented against a lawyer trustaccount containing insufficient funds and said instrument is not honored within three business daysof presentation.
(ii)  Thereport shall be filed with the Office of General Counsel within fifteen days of the date of thepresentation of the instrument, even if the instrument is subsequently honored after the threebusiness days provided in (b)(i) above.
(c)  Pursuant to Standard 63.3(a), nothing in thisStandard shall preclude a financial institution from charging a particular lawyer or law firm forthe reasonable cost of producing the reports and records required by this rule.
(d)  Every lawyer and law firm maintaining a trustaccount in this State is hereby and shall be conclusively deemed to have consented to the reportingand production requirements mandated by this Standard and shall indemnify and hold harmless eachfinancial institution for its compliance with the aforesaid reporting and production requirements.
The agreement by a financial institution to offer accountspursuant to this Standard 65.3 shall be a procedure to advise the State Disciplinary Board ofconduct by attorneys and shall not be deemed to create a duty to exercise a standard of care or acontract with third parties that may sustain a loss as a result of lawyers overdrawing attorneytrust accounts.
A violation of this standard may be punished by disbarment.

Standard 65.4. Availability of Records.
A lawyer shall not fail to produce any of the recordsrequired to be maintained by these Standards at the request of the Investigative Panel of the StateDisciplinary Board or the Supreme Court. This obligation shall be in addition to and not in lieu ofthe procedures contained in Part IV of these Rules for the production of documents and evidence.
A violation of this standard may be punished by disbarment.

Standard 65.5. Audit for Cause.
A lawyer shallnot fail to submit to an Audit for Cause conducted by the State Disciplinary Board pursuant to BarRule 4-110.
A violation of this standard may be punished by disbarment.

Standard 66.
(a)  Conviction of any felony or misdemeanor involvingmoral turpitude shall be grounds for disbarment.
(b)  For purposes of this standard, conviction shallinclude:

 

   

(1) a guilty plea;
    (2) a plea of nolo contendere;
    (3) a verdict of guilty;
    (4) a verdict of guilty but mentally ill; or
    (5) the imposition of first offender probation.

 

(c)  The record of aconviction or disposition in any jurisdiction based upon a guilty plea, a plea of nolo contendere, averdict of guilty, a verdict of guilty but mentally ill, or upon the imposition of first offenderprobation shall be conclusive evidence of such conviction or disposition and of infraction of thisstandard and shall be admissible in proceedings under these disciplinary rules.
(d) This standard shall not be construed to cause anyinfringement of the existing inherent right of Georgia courts to suspend and disbar lawyers frompractice before them based upon a conviction of a crime.

Standard 67.
Disbarment or suspension by another state is a ground fordisbarment or suspension in the State of Georgia.

Standard 68.
During the investigation of a complaint filed under theserules, the lawyer complained against shall not fail to respond in accordance with the StateDisciplinary Board rules to disciplinary authorities, including members of the State DisciplinaryBoard and bar counsel. A violation of this standard may be punished by a public reprimand.

Standard 69.
A lawyer shall not represent a client whose interests areadverse to the interests of a former client of the lawyer in any matter substantially related to thematter in which the lawyer represented the former client unless he has obtained written consent ofthe former client after full disclosure. The term "client" as used in this Standard shallnot include a public agency or public officer or employee when represented by a lawyer who is a fulltime public official. This provision shall apply retroactively. A violation of this standard may bepunished by disbarment.

Standard 70.
(a)  Alawyer who is a fulltime public official and represents the State, its agencies, or State officials,is bound by the provisions of the Code of Professional Responsibility.
(b)  No provision of the Code of ProfessionalResponsibility shall be construed to prohibit such lawyer from taking a legal position adverse tothe State, its agencies, or officials, when such action is authorized or required by theConstitution or statutes of this State.
(c)  This provision shall apply retroactively.

Standard 71. - Responsibilities of a Partner or Supervisory Lawyer
A lawyer shall be responsible for another lawyer's violationof the Standards of Conduct if:
(a)  the lawyer orders or, with knowledge of thespecific conduct, ratifies the conduct involved; or
(b)  the lawyer is a partner in the law firm in whichthe other lawyer practices and knows of the conduct at a time when its consequences can be avoidedor mitigated but fails to take reasonable remedial action; or
(c)  the lawyer has direct supervisory authority overthe other lawyer and knows of the conduct at a time when its consequences can be avoided ormitigated but fails to take reasonable remedial action.
A violation of this Standard may be punished by disbarment.

Standard 72. - Responsibilities of a Subordinate Lawyer
A lawyer is bound by the Standards of Conductnotwithstanding that the lawyer acted at the direction of another person.
A violation of this Standard may be punished by disbarment.

Standard 73.
A lawyer shall not allow any person who has been suspendedor disbarred under Part IV of these Rules and who maintains a presence in an office where thepractice of law is conducted by the lawyer, to:
(a) represent himself or herself as a lawyer or person withsimilar status;
(b) have any contact with the clients of the lawyer eitherin person, by telephone or in writing; or
(c) have any contact with persons who have legal dealingswith the office either in person, by telephone, or in writing.
A violation of this Standard may be punished by disbarment.