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The Standards of Conduct, Ethical Considerations (ECs) and Directory Rules (DRs) were superceded by the Georgia Rules of Professional Conduct on January 1, 2001.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 2

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/or the conclusion reached under the Standards, ECs and/or DRs has changed under the Georgia Rules of Professional Conduct.  The Formal Advisory Opinion Board has redrafted those opinions.  The redrafted opinions include an interpretation of the same issue addressed in the original opinion and reference the Georgia Rules of Professional Conduct.  The Formal Advisory Opinion Board will treat the redrafted opinions like new opinions, and as such, the redrafted opinions will be processed and published in compliance with Bar Rule 4-403(c).  The members of the State Bar of Georgia will be notified if a new opinion replaces an original opinion in the Georgia Bar Journal and on the State Bar of Georgia's website at gabar.org.  Following, are the original opinions as issued by the Supreme Court of Georgia.

Formal Advisory Opinion  87-6
Ethical propriety of a lawyer interviewing the officers and employees of an organization when that organization is the opposing party in litigation without consent of organization.

Formal Advisory Opinion 93-2
Ethical Considerations of an Attorney Representing an Insurance Company on a Subrogation Claim and Simultaneously Representing The Insured.

Formal Advisory Opinion 99-1
May an attorney ethically defend a client pursuant to an insurance contract when the attorney simultaneously represents a company in an unrelated matter and that company claims a subrogation right in any recovery against the defendant client?