Bar Rules

Standing Board Policy 600 (Conflicts of Interest)

Organization of the State Bar & Admissions / Standing Board Policy 600 (Conflicts of Interest)

POLICY ON CONFLICTS OF INTEREST

Preamble
   The State Bar of Georgia is an administrative agency created by the Supreme Court of Georgia for the purposes of: (a) fostering among the members of the State Bar the principles of duty and service to the public; (b) improving the administration of justice; and (c) advancing the practice of law. The State Bar of Georgia and a family of separately organized non-profit organizations (including, without limitation, the Georgia Bar Foundation, Inc., the Institute of Continuing Legal Education in Georgia, the Georgia Legal Services Program, Inc., the Commission on Continuing Lawyer Competency, and the Lawyers Foundation of Georgia, Inc.) (the "Affiliated Organizations") work together for the benefit of the members of the Bar, the judicial branch of Georgia government, and the public they serve.

   The Conflicts of Interest Policy of the State Bar of Georgia establishes certain standards regarding conflicts of interest for the following persons who are elected, appointed, or serve ex officio: elected State Bar officers; members of the Board of Governors; members of the Bar's Executive Committee; officers and other members of the Executive Committee and Executive Council of the Young Lawyers Division; and employees and staff of the State Bar ("Covered Persons"). This Policy is intended to supplement, but not replace, any applicable state or federal laws or regulations applicable to the State Bar of Georgia or its members, as well as the Georgia Rules of Professional Conduct and any other ethical rules or obligations governing Georgia lawyers.

Conflicts of Interest

  1. A Covered Person is required to exercise powers and discharge duties in the interest of the State Bar and not in the Covered Person's own interest or in the interest of another entity or person.
    1. A Covered Person is expected to exercise reasonable diligence in identifying and disclosing any conflicting interest, if:
      1. The Covered Person is either (a) a party to, or (b) has a beneficial interest in, or (c) is so closely linked to a transaction, gift, or favor which is of such financial significance to the Covered Person as to create a reasonable expectation that such circumstances would exert an influence on the Covered Person's judgment if called to vote upon, approve, or enter into such a transaction, or
      2. To the actual knowledge of the Covered Person a Related Person or entity is either (a) a party to, or (b) has a beneficial interest in, or (c) is so closely linked to a transaction, gift or favor, which is of such financial significance to the Covered Person as to create a reasonable expectation that such circumstances would exert an influence on the Covered Person's judgment if called to vote upon, approve, or enter into such a transaction.
    2. "Related Person" is defined as, (a) your spouse, and those individuals related to you or your spouse by blood or marriage, including ancestors, parents, children, siblings, grandparents, grandchildren, great-grandchildren, aunts, uncles, nieces, nephews, and the spouses of those relatives, or any member of your household; (b) entities of which Covered Persons are directors, general partners, agents, or employees, and entities that are under the control of, or under common control with, entities of which Covered Persons are directors, general partners, agents, or employees; (c) individuals who are general partners, principals, or employers of Covered Persons; (d) trusts, estates, incompetents, conservatees, or minors of which Covered Persons are fiduciaries; and (e) trusts and estates of which Related Persons, as defined above, are substantial beneficiaries.
  2. The performance of simultaneous governance roles for both the State Bar and an Affiliated Organization, or any of them, shall not in and of itself be deemed to constitute conflicting interests or to give rise to conflicting interest transactions.
  3. A Covered Person shall disclose any conflicting interest to the officer or chairperson immediately presiding over the business of the Bar to which the conflict may relate.
  4. Nothing herein shall impel any individual to refrain from expressing during the course of governance deliberations of the State Bar those positions the individual believes in good faith to advance the stated purposes of the State Bar of Georgia. 



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