Rule 4-219. Judgments and Protective Orders
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) After either the Review Panel's report or the Special Master's report is filed with the Supreme Court, the respondent and the State Bar may file with the Court any written exceptions, supported by written argument, each may have to the report subject to the provisions of Rule 4-217(c). All such exceptions shall be filed with the Court within twenty days of the date that the report is filed with the Court and a copy served upon the opposing party. The responding party shall have an additional twenty days to file its response with the Court. The court may grant oral argument on any exception filed with it upon application for such argument by a party to the disciplinary proceedings. The Court will promptly consider the report of the Review Panel or the Special Master, any exceptions, and any responses filed by any party to such exceptions, and enter judgment upon the formal complaint. A copy of the Court's judgment shall be transmitted to the State Bar and the respondent by the Court.
(b) In cases in which the Supreme Court orders disbarment, voluntary surrender of license or suspension, or the respondent is disbarred or suspended on a Notice of Discipline, the Review Panel shall publish in a local newspaper or newspapers and on the official State Bar website, notice of the discipline, including the Respondent's full name and business address, the nature of the discipline imposed and the effective dates.
(c) (1) After a final judgment of disbarment or suspension, including a disbarment or suspension on a Notice of Discipline, the respondent shall immediately cease the practice of law in Georgia and shall, within thirty days, notify all clients of his inability to represent them and of the necessity for promptly retaining new counsel, and shall take all actions necessary to protect the interests of his clients. Within forty-five days after a final judgment of disbarment or suspension, the respondent shall certify to the Court that he has satisfied the requirements of this Rule. Should the respondent fail to comply with the requirements of this Rule, the Supreme Court, upon its own motion or upon motion of the Office of the General Counsel, and after ten days notice to the respondent and proof of his failure to notify or protect his clients, may hold the respondent in contempt and order that a member or members of the State Bar of Georgia take charge of the files and records of the respondent and proceed to notify all clients and to take such steps as seem indicated to protect their interest. Motions for reconsideration may be taken from the issuance or denial of such protective order by either the respondent or by the State Bar of Georgia.
(2) After a final judgment of disbarment or suspension under Part IV of these Rules, including a disbarment or suspension on a Notice of Discipline, the respondent shall take such action necessary to cause the removal of any indicia of the respondent as a lawyer, legal assistant, legal clerk or person with similar status. In the event the respondent should maintain a presence in an office where the practice of law is conducted, the respondent shall not:
(i) have any contact with the clients of the office either in person, by telephone or in writing; or
(ii) have any contact with persons who have legal dealings with the office either in person, by telephone, or in writing.
(d) Upon a final determination by the Court that an attorney has disappeared, died, or become physically or mentally incapacitated, or poses a substantial threat of harm to his clients or the public, and that no partner, associate or other appropriate representative is available to notify his clients of this fact the Supreme Court may order that a member or members of the State Bar of Georgia be appointed as receiver to take charge of the attorney's files and records. Such receiver shall review the files, notify the attorney's clients and take such steps as seem indicated to protect the interests of the clients, the attorney and the public. A motion for reconsideration may be taken from the issuance or denial of such protective order by the respondent, his partners, associates or legal representatives or by the State Bar of Georgia.
(e) Any member of the State Bar of Georgia appointed by the Supreme Court as receiver to take charge of the files and records of a disciplined, deceased, incapacitated, imprisoned or disappearing attorney under these rules shall not be permitted to disclose any information contained in the files and records in his care without the consent of the client to whom such file or record relates, except as clearly necessary to carry out the order of the Court, or upon application by order of the Supreme Court.
(f) Any person serving as a receiver under these rules shall be immune from suit for any conduct in the course of their official duties.
GO TO Rule 4-217. Report of the Special Master to the Review Panel
GO TO Rule 4-218. Findings by the Review Panel
GO TO Rule 4-220. Notice of Punishment or Acquittal; Administration of Reprimands
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