Bar Rules

Rule 4-204.5. Letters of Instruction

Ethics & Discipline / Current Rules / Part IV (After January 1 / 2001) - Georgia Rules of Professional Conduct (also includes Disciplinary Proceedings and Advisory Opinion rules) / CHAPTER 2 DISCIPLINARY PROCEEDINGS

(a) In addition to dismissing a complaint, the Investigative Panel, or subcommittee of the Panel, may issue a letter of instruction in any disciplinary case upon the following conditions:

    (1) the case has been thoroughly investigated, the respondent has been notified of and has had an opportunity to answer the charges brought against him, and the case has been reported to the entire Panel, or subcommittee of the Panel, assembled at a regularly scheduled meeting; and

    (2) the Investigative Panel, or subcommittee of the Panel, as evidenced through the majority vote of its members present and voting, is of the opinion that the respondent either:

        (i) has not engaged in conduct which is in violation of the provisions of Part IV, Chapter 1 of these rules; or

        (ii) has engaged in conduct that although technically in violation of such rules is not reprehensible, and has resulted in no harm or injury to any third person, and is not in violation of the spirit of such rules; or

        (iii) has engaged in conduct in violation of the Code of Professional Responsibility of Part III of these rules or any recognized voluntary creed of professionalism;

(b) Letters of instruction shall contain a statement of the conduct of the respondent which may have violated Part III of these rules or the voluntary creed of professionalism.

(c) A letter of instruction shall not constitute a finding of any disciplinary infraction.



GO TO Rule 4-204.4. Finding of Probable Cause; Referral to Special Master
GO TO Rule 4-205. Confidential Discipline; In General
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