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Supreme Court of Georgia
INTERPRETING THE STANDARDS OF CONDUCT, ETHICAL CONSIDERATIONS (ECs) AND/OR DIRECTORY RULES (DRs)
The Standards of Conduct, Ethical Considerations (ECs) and Directory Rules (DRs) were superceded by the Georgia Rules of Professional Conduct on January 1, 2001. The original sixty-seven (67) Standards of Conduct adopted by the Supreme Court of Georgia in 1979 can be found at 238 Ga. 213. Subsequently adopted Standards and Amendments can be found in copies of the Georgia Reports. The ECs and DRs can be found in the July 8, 1971 minutes of the Supreme Court of Georgia. The Standards, ECs and DRs also appear on the State Bar of Georgia's website at gabar.org.
Following the issuance of the Georgia Rules of Professional Conduct by the Supreme Court of Georgia, the Office of the General Counsel for the State Bar of Georgia requested that the Formal Advisory Opinion Board review each Opinion issued by the Supreme Court of Georgia to determine the impact, if any, the Georgia Rules of Professional Conduct have on the Opinions.
SECTION 1
For certain existing Formal Advisory Opinions that were issued by the Supreme Court of Georgia, it is the opinion of the Formal Advisory Opinion Board that the substance and conclusion reached under the Standards, ECs and/or DRs remains the same under the Georgia Rules of Professional Conduct. For those Opinions, a headnote has been added that references the Standards, ECs and/or DRs cited in the Opinion and the corresponding Georgia Rule(s) of Professional Conduct that now apply.
The use of the term "Rule(s)" in the headnotes, refers to the applicable Georgia Rule(s) of Professional Conduct.
Formal Advisory Opinion 86-1
Lawyer Serving Simultaneously as State Legislator and Part-time Solicitor.
Formal Advisory Opinion 86-2
Ethical Propriety of a Part-time Judge also Serving as a Criminal Defense Counsel.
Formal Advisory Opinion 86-3
Ethical Propriety of County Attorneys Representing Criminal Defendants.
Formal Advisory Opinion 86-4
Ethical Propriety of the Plaintiff's Attorney in a Personal Injury Case Writing a Letter to the Insured Defendant Which may Contain Legal Advice.
Formal Advisory Opinion 86-5
Ethical Propriety of Lawyer's Delegating to Nonlawyers the Closing of Real Estate Transactions.
Formal Advisory Opinion 86-7
Ethical Propriety of a Lawyer's Acquisition of a Security Interest in Marital Property to Secure Attorney's Fees in a Domestic Relations Case.
Formal Advisory Opinion 87-1
Ethical Propriety of Filing a Lawsuit in Order to be Within the Statute of Limitations, But Before Sufficient Information is Acquired to Determine if a Legitimate Cause of Action Exists.
Formal Advisory Opinion 87-5
Assertion of Attorneys' Retaining Liens.
Formal Advisory Opinion 88-2
Ethical Propriety of an Attorney-Employee Sharing Attorney's Fees With a Lay Organization-Employer.
Formal Advisory Opinion 88-3
Ethical Propriety of Sending Notice Pursuant to O.C.G.A. § 51-12-14 to an Unrepresented Party.
Formal Advisory Opinion 89-2
Ethical propriety of an attorney/city council member's representing private clients before city council-appointed Judges of the Recorder's Court if the attorney abstains from voting on the appointment.
Formal Advisory Opinion 91-1
Ethical propriety of drafter of will serving as executor.
Formal Advisory Opinion 91-2
Advance Fee Payments.
Formal Advisory Opinion 93-3
Ethical propriety of a prosecutor conditioning a plea agreement in a criminal case on the waiver of defense counsel's fee.
Formal Advisory Opinion 93-4
Ethical obligation of criminal defense lawyers to provide indigent clients with copies of transcripts needed to pursue collateral post-conviction remedies.
Formal Advisory Opinion 94-1
Ethical propriety of a lawyer referral service collecting a percentage of fees in certain cases referred to participating attorneys by the service.
Formal Advisory Opinion 94-2
Ethical considerations applicable to a lawyer paying funds to others over a client's objections.
Formal Advisory Opinion 94-3
Ethical propriety of a lawyer contacting and interviewing former employees of an organization represented by counsel to obtain information relevant to litigation against the organization.
Formal Advisory Opinion 95-1
Ethical propriety of a lawyer participating in a fee collection program which purchases client fee bills from lawyers and collects the fees from the client.
Formal Advisory Opinion 96-1
Ethical propriety of a lawyer conditioning the return of a former client's files upon the execution of a release of claims and a release of State Bar disciplinary complaints by the client against the lawyer.
Formal Advisory Opinion 97-2
Ethical propriety of a lawyer practicing in more than one law firm.
Formal Advisory Opinion 97-3
An attorney departing from a law firm may ethically contact those clients with whom the attorney had significant contact or active representation at the former law firm, as long as the departing attorney complies with the applicable Standards.
Formal Advisory Opinion 98-2
A lawyer holding client funds and/or other funds in a fiduciary capacity may remove unclaimed funds from the lawyer's escrow trust account and deliver the funds to the custody of the State of Georgia in accordance with O.C.G.A. §44-12-190 et seq.
Formal Advisory Opinion 98-3
A staff lawyer for a non-profit legal services group may contact State officials to express concerns about the legality of treatment of non-clients and clients.
Formal Advisory Opinion 98-4
Because an attorney who is held out to the public as "of counsel" should have a close, regular, personal relationship with the affiliated firm, the standards of conduct applicable to multiple representations by partners and associates of law firms, should also apply to "of counsel" attorneys.
Formal Advisory Opinion 99-2
An in-house counsel for a real estate lending institution assists that entity in the unauthorized practice of law if he or she provides legal services to its customers which are in any way related to the existing relationship between the institution and its customer; and such conduct would also constitute an impermissible conflict of interest.
Formal Advisory Opinion 00-2
A lawyer is aiding a nonlawyer in the unauthorized practice of law when the lawyer allows a nonlawyer member of his or her staff to prepare and sign correspondence which threatens legal action or provides legal advice or both.
Formal Advisory Opinion 00-3
Ethical propriety of lawyers telephonically participating in real estate closings from remote sites.