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LAW CLERKS
    
--Ethical considerations regarding activities of nonlawyers.  SDB No. 21
     --A law clerk for a superior court judge may not write appellate briefs on behalf of criminal defendants in death penalty cases.  SDB No. 38
     --Lawyer cannot delegate to a nonlawyer responsibility of closing a real estate transaction without the participation of an attorney.  FAO No. 86-5
     --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.  FAO No. 00-2
     --If an attorney supervises the closing conducted by the non-lawyer entity, then the attorney is a fiduciary with respect to the closing proceeds and closing proceeds must be handled in accordance with Rule 1.15(II). FAO No. 04-1
     --Ethical propriety of a part-time law clerk representing a client before a judge who is presently employing the law clerk.  FAO No. 05-3

LAW FIRMS

     --Ethical considerations for a multi-state law with an office in Georgia.  SDB No. 23
     --Lawyers practicing simultaneously in more than one law firm.  FAO No. 97-2
     --An attorney departing 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 ethics rules.  FAO No. 97-3
     --Proper for law firm to obtain loan to cover advances to clients for litigation expenses.  FAO No. 05-5
     --Ethical propriety of a law firm or corporate law department hiring attorneys to work for them on a temporary basis.  FAO No. 05-9
     --It is not improper for a law firm to associate another lawyer or law firm for providing consultation and advice to the firm's clients on specialized matters and to identify that lawyer or law firm as "special counsel" for that specialized area of the law.  The relationship between the law firm and special counsel must be a bona fide relationship. The vicarious disqualification rule requiring the additional disqualification of a partner or associate of a disqualified lawyer does apply to the outside associated lawyer or law firm.  FAO No. 05-13
      --Lawyers employed in the circuit public defender office in the same judicial circuit may not represent co-defendants when a single lawyer would have an impermissible conflict of interest in doing so. FAO No. 10-1
     --Ethical Considerations Bearing on Decision of Lawyer to Enter into Flat Fixed Fee Contract to Provide Legal Services.  FAO No. 11-1

LEGAL ASSISTANTS, see NONLAWYERS

LETTERHEAD
     --An attorney should not furnish his or her letterhead to a client for use by the client to collect a debt.  SDB No. 5
     --Nonlawyers use of a lawyer's letterhead for correspondence regarding a "legal matter" signed only by a nonlawyer may be improper.  SDB No. 19
     --Nonlawyer's use of attorney's letterhead for routine correspondence is ethical if supervised by the attorney.  SDB No. 21
     --Ethical considerations for a multi-state firm with an office in Georgia.  SDB No. 23
     --A lawyer may refer past due accounts to a collection agency.  SDB No. 49
     --Lawyers practicing simultaneously in more than one law firm.  FAO No. 97-2
     --Because an attorney who is held out to the public as "of counsel" should have a close, personal relationship with the affiliated firm, the ethics rules applicable to multiple representations by partners and associates of law firms, should also apply to "of counsel."  FAO No. 98-4
     --Ethical propriety of a lawyer advertising for legal business with the intention of referring a majority of that business out to other lawyers without disclosing that intent in the advertisement.  FAO No. 05-6

LITIGATION
     --Not improper for attorney to file lawsuit before complete support for claim has been established if there is reasonable possibility that facts can be established after the filing of the claim.  FAO No. 87-1
     --An attorney may interview a former employee of a corporation represented by counsel to obtain information relevant to litigation against the corporation under certain circumstances.  FAO No. 94-3
     --Proper for law firm to obtain loan to cover advances to clients for litigation expenses.  FAO No. 05-5
     --Lawyers employed in the circuit public defender office in the same judicial circuit may not represent co-defendants when a single lawyer would have an impermissible conflict of interest in doing so.

LOANS
     --Proper for law firm to obtain loan to cover advances to clients for litigation expenses.  FAO No. 05-5

LOCAL COUNSEL
     --A Georgia attorney serving as local counsel can be disciplined for discovery abuses committed by an in-house or other out-of-state counsel when local counsel knows of the abuse and ratifies it by his or her conduct, and when local counsel has supervisory authority over the out-of-state counsel. FAO No. 05-10

MALPRACTICE
     --A lawyer should not condition the return of a former client's files upon the execution of a release of claims and a release of State Bar complaints by the client against the attorney.  FAO No. 96-1
     --Corporate in-house counsel may enter into a binding "hold harmless" agreement with their employer in lieu of malpractice insurance.  FAO No. 05-2
     --A lawyer should not condition the representation of a client upon the waiver of any claim for malpractice.  FAO No. 05-8

MULTIPLE REPRESENTATION, see CONFLICTS OF INTEREST


MULTI-STATE FIRM

     --Ethical considerations for a multi-state firm with an office in Georgia.  SDB No. 23

NONLAWYERS
     --An attorney should not furnish his or her letterhead to a client for use by that client to collect a debt.  SDB No. 5
     --Nonlawyers use of a lawyer's letterhead for correspondence regarding a "legal matter" signed only by a nonlawyer may be improper.  SDB No. 19
     --Ethical considerations regarding activities of nonlawyers.  SDB No. 21
     --Lawyer cannot delegate to a nonlawyer responsibility of closing a real estate transaction without the participation of an attorney.  FAO No. 86-5
     --Any division of attorney's fees with a lawyer referral service constitutes the sharing of fees with a non-lawyer.  FAO No. 94-1
     --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.  FAO No. 00-2
     --If an attorney supervises the closing conducted by the non-lawyer entity, then the attorney is a fiduciary with respect to the closing proceeds and closing proceeds must be handled in accordance with Rule 1.15(II). FAO No. 04-1
     --The payment of a monthly bonus by a lawyer to his nonlawyer employees based on the gross receipts of his law office in addition to their regular salary is permissible. FAO No. 05-4

OF-COUNSEL

     --Because an attorney who is held out to the public as "of counsel" should have a close, personal relationship with the affiliated firm, the ethics rules applicable to multiple representations by partners and associates of law firms, should also apply to "of counsel."  FAO No. 98-4

PARALEGALS, see NONLAWYERS

PARTNERSHIPS
     --Attorney may not form a partnership with a nonlawyer if any partnership activity consists of the practice of law.  SDB No. 21

PERSONAL INJURY PRACTICE
     --It is improper for an attorney to charge a contingency fee on routine PIP claims.  SDB No. 37
     --Improper for plaintiff's attorney in a personal injury case to write a letter to the insured defendant which may contain legal advice.  FAO No. 86-4
     --Permissible to send the notice required by O.C.G.A § 51-12-14  to an unrepresented adverse party, but must specifically state that it is a notice rather than advice.  FAO No. 88-3
     --Ethical considerations of an attorney representing an insurance company on a subrogation claim and simultaneously representing the insured.  FAO No. 05-7
     --Ethical considerations applicable to an attorney who wishes to 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 to any recovery against the defendant client.  FAO No. 05-11
     --1. May a lawyer representing a plaintiff personally agree, as a condition of settlement, to indemnify the opposing party from claims by third persons to the settlement funds? 2. May a lawyer seek to require, as a condition of settlement, that a plaintiff’s lawyer make a personal agreement to indemnify the opposing party from claims by third persons to the settlement funds?  FAO No. 13-2

PIP COVERAGE

     --It is improper for an attorney to charge a contingency fee on routine PIP claims.  SDB No. 37
     --A third party beneficiary or his or her attorney may advance or reimburse an insured for the purchase of optional PIP coverage.  SDB No. 46

PLEA AGREEMENT
     --Ethical propriety of a prosecutor conditioning a plea agreement in a criminal case on the waiver of defense counsel's fee.  FAO No. 93-3
     --1. May a lawyer representing a plaintiff personally agree, as a condition of settlement, to indemnify the opposing party from claims by third persons to the settlement funds? 2. May a lawyer seek to require, as a condition of settlement, that a plaintiff’s lawyer make a personal agreement to indemnify the opposing party from claims by third persons to the settlement funds?  FAO No. 13-2

PREPAID FEES, see ATTORNEY'S FEES and RETAINER FEES

PRO HAC VICE

     --A Georgia attorney serving as local counsel can be disciplined for discovery abuses committed by an in-house or other out-of-state counsel when local counsel knows of the abuse and ratifies it by his or her conduct, and when local counsel has supervisory authority over the out-of-state counsel. FAO No. 05-10

PROSECUTORS
     --Ethical propriety of a prosecutor conditioning a plea agreement in a criminal case on the waiver of defense counsel's fee.  FAO No. 93-3
     --Ethical Considerations Bearing on Decision of Lawyer to Enter into Flat Fixed Fee Contract to Provide Legal Services.  FAO No. 11-1

PUBLIC OFFICIALS
     --County Commissioner may not appoint his or her own firm, or a partner in his or her own firm, as County Attorney.  SDB No. 16
     --Part-time judge may also serve as a criminal defense counsel.  FAO No. 86-2
     --County Attorney may represent criminal defendants unless there is a violation of a county ordinance charged, and the attorney is sensitive to other conflicts which may arise.
FAO No. 86-3
     --Representation of private clients before the Recorder's Court when attorney is also a city council member.  FAO No. 89-2
     --Ethical propriety of a prosecutor conditioning a plea agreement in a criminal case on the waiver of defense counsel's fee.  FAO No. 93-3
     --Ethical obligation of criminal defense lawyers to provide indigent clients with copies of transcripts needed to pursue collateral post-conviction remedies.  FAO No. 93-4
     --Representation of a criminal defendant in municipal court by a member of the City Council where the City Council controls salary and benefits for the police implicates Rule 3.5(a), which prohibits attorneys from seeking to influence officials by means prohibited by law. FAO No. 05-12

REAL ESTATE TRANSACTIONS

     --Lawyer cannot delegate to a nonlawyer responsibility of closing a real estate transaction without the participation of an attorney.  FAO No. 86-5
     --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.  FAO No. 99-2
     --Ethical propriety of lawyers telephonically participating in real estate closings from remote sites.  FAO No. 00-3
     --If an attorney supervises the closing conducted by the non-lawyer entity, then the attorney is a fiduciary with respect to the closing proceeds and closing proceeds must be handled in accordance with Rule 1.15(II). FAO No. 04-1

REFERRAL AND REFERRAL SERVICES
     --Any division of attorney's fees with a lawyer referral service constitutes the sharing of fees with a non-lawyer.  FAO No. 94-1
     --While it may be possible to do so, it would be both ethically and legally perilous to enter into a "solicitation agreement" with a financial investment adviser under which the attorney, in return for referring a client to the adviser, receives fees based on a percentage of gross fees paid by the client to the adviser.  FAO No. 03-3
     --Ethical propriety of a lawyer advertising for legal business with the intention of referring a majority of that business out to other lawyers without disclosing that intent in the advertisement.  FAO No. 05-6

REPRESENTING A CHILD
      --May an attorney who has been appointed to serve both as legal counsel and as guardian ad litem for a child in a termination of parental rights case advocate termination over the child's objection? FAO No. 10-2

REINSTATEMENT FOR DISBARRED ATTORNEYS

See the Office of Bar Admissions' Website, Rules Governing Admission, Part A, Section 10

RETAINER FEES

     --A lawyer is not required to place attorney's fees paid in advance into a trust account except under special circumstances.  FAO No. 91-2
     --A Georgia attorney may contract with a client for a non-refundable special retainer so long as the contract is not a contract to violate the attorney's obligation under Rule 1.16(d) and does not violate Rule 1.5(a)'s requirement of reasonableness.  FAO No. 03-1

SETTLEMENT

     --Ethical propriety of including attorney's fees as part of settlement offer in federal civil rights cases.  SDB No. 39
     --1. May a lawyer representing a plaintiff personally agree, as a condition of settlement, to indemnify the opposing party from claims by third persons to the settlement funds? 2. May a lawyer seek to require, as a condition of settlement, that a plaintiff’s lawyer make a personal agreement to indemnify the opposing party from claims by third persons to the settlement funds?  FAO No. 13-2
    
SECURITY INTEREST
     --Attorney may acquire a security interest in marital property only to secure reasonable attorney's fees.  FAO No. 86-7

SIGHT DRAFTS

SMOOT LETTERS
     --Improper for plaintiff's attorney in a personal injury case to write a letter to the insured defendant which may contain legal advice.  FAO No. 86-4

SOLICITATION, see ADVERTISING

SPECIAL COUNSEL

     --It is not improper for a law firm to associate another lawyer or law firm for providing consultation and advice to the firm's clients on specialized matters and to identify that lawyer or law firm as "special counsel" for that specialized area of the law.  The relationship between the law firm and special counsel must be a bona fide relationship. The vicarious disqualification rule requiring the additional disqualification of a partner or associate of a disqualified lawyer does apply to the outside associated lawyer or law firm.  FAO No. 05-13

STATUTE OF LIMITATIONS

     --Not improper for attorney to file lawsuit before complete support for claim has been established if there is reasonable possibility that facts can be established after the filing of the claim.  FAO No. 87-1

SUBPOENAS

     --Guidelines for use of subpoenas.  SDB No. 40

SUBROGATION, see INSURANCE PRACTICE

SUICIDE
     --Under certain circumstances, an attorney may reveal a client's intent to commit suicide.  SDB No. 42

TERMINATING REPRESENTATION, see WITHDRAWAL

TRANSCRIPTS

     --Ethical obligation of criminal defense lawyers to provide indigent clients with copies of transcripts needed to pursue collateral post-conviction remedies.  FAO No. 93-4

TRUSTS, see WILLS/TRUSTS

TRUST ACCOUNTS

     --A lawyer is not required to place attorney's fees paid in advance into a trust account except under special circumstances.  FAO No. 91-2
     --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.  FAO No. 98-2
     --If an attorney supervises the closing conducted by the non-lawyer entity, then the attorney is a fiduciary with respect to the closing proceeds and closing proceeds must be handled in accordance with Rule 1.15(II). FAO No. 04-1

TRUSTEE, see WILLS/TRUSTS

UNAUTHORIZED PRACTICE OF LAW
     --An attorney should not furnish his or her letterhead to a client for use by that client to collect a debt.  SDB No. 5
     --Nonlawyers use of a lawyer's letterhead for correspondence regarding a "legal matter" signed only by a nonlawyer may be improper.  SDB No. 19
     --Ethical considerations regarding activities of nonlawyers.  SDB No. 21
     --Ethical considerations for a multi-state firm with an office in Georgia.  SDB No. 23
     --Lawyer cannot delegate to a nonlawyer responsibility of closing a real estate transaction without the participation of an attorney.  FAO No. 86-5
     --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.  FAO No. 99-2
     --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.  FAO No. 00-2
     --Ethical propriety of lawyers telephonically participating in real estate closings from remote sites.  FAO No. 00-3
     --If an attorney supervises the closing conducted by the non-lawyer entity, then the attorney is a fiduciary with respect to the closing proceeds and closing proceeds must be handled in accordance with Rule 1.15(II). FAO No. 04-1

WAIVER OF LIABILITY

     --A lawyer should not condition the return of a former client's files upon the execution of a release of claims and a release of State Bar complaints by the client against the attorney.  FAO No. 96-1
     --A lawyer should not condition the representation of a client upon the waiver of any claim for malpractice.  FAO No. 05-8

WILLS/TRUSTS
     --Ethical considerations for an attorney named as the executor or trustee for a will or trust he or she prepared.  FAO No. 91-1

WITHDRAWAL
     --No duty to disclose location of fugitive client to authorities, but the attorney should withdraw from representation if the fugitive insists on pursuing an illegal course of action.  SDB No. 17
     --An attorney may not to the prejudice of a client withhold client's papers or properties upon withdrawal as security for unpaid fees.  FAO No. 87-5
     --Ethical obligation of criminal defense lawyers to provide indigent clients with copies of transcripts needed to pursue collateral post-conviction remedies.  FAO No. 93-4
     --An attorney departing 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 ethics rules.  FAO No. 97-3
     --A Georgia attorney may contract with a client for a non-refundable special retainer so long as the contract is not a contract to violate the attorney's obligation under Rule 1.16(d) and does not violate Rule 1.5(a)'s requirement of reasonableness.  FAO No. 03-1
     --The obligation of confidentiality applies as between two jointly represented clients. FAO No. 03-2
     --Ethical propriety of a part-time law clerk representing a client before a judge who is presently employing the law clerk.  FAO No. 05-3
     --Lawyers employed in the circuit public defender office in the same judicial circuit may not represent co-defendants when a single lawyer would have an impermissible conflict of interest in doing so.      --May an attorney who has been appointed to serve both as legal counsel and as guardian ad litem for a child in a termination of parental rights case advocate termination over the child's objection? FAO No. 10-2
     --Ethical Considerations Bearing on Decision of Lawyer to Enter into Flat Fixed Fee Contract to Provide Legal Services.  FAO No. 11-1
     --1. May a lawyer representing a plaintiff personally agree, as a condition of settlement, to indemnify the opposing party from claims by third persons to the settlement funds? 2. May a lawyer seek to require, as a condition of settlement, that a plaintiff’s lawyer make a personal agreement to indemnify the opposing party from claims by third persons to the settlement funds?  FAO No. 13-2

WITNESSES
     --Attorney responsibilities with respect to the payment of witness fees.  SDB No. 35
     --Guidelines for payment of expert witness fees in contingency fee cases.  SDB No. 35
     --Guidelines for use of Expert Witness consulting service.  SDB No. 48
     --An attorney may interview an employee of a corporation which is an opposing party in pending litigation under certain circumstances.  FAO No. 87-6
     --An attorney may interview a former employee of a corporation represented by counsel to obtain information relevant to litigation against the corporation under certain circumstances.  FAO No. 94-3
    --May an attorney who has been appointed to serve both as legal counsel and as guardian ad litem for a child in a termination of parental rights case advocate termination over the child's objection? FAO No. 10-2

WORKERS' COMPENSATION
     --Attorney must advise their client of his or her right to independent counsel if the attorney appeals award of fees granted by the Workman's Compensation Board.  SDB No. 29



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