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Ethics Helpline FAQs
LAWYER HELPLINE - 404-527-8741 or 800-682-9806 or e-mail submission
The Office of the General Counsel operates a Lawyer Helpline for members of the State Bar of Georgia who have questions about the Georgia Rules of Professional Conduct. Bar members may contact the office by telephone or e-mail. The Helpline hours are Monday through Friday from 9:00 a.m. until 4:30 p.m. Since the opinion is based upon a brief discussion of what may be a very complex problem, helpline advice is not binding on the Office of the General Counsel, the State Disciplinary Board, or the Supreme Court of Georgia. Bar Rule 4-401.
Bar Rule 4-403(g) requires the Office of the General Counsel to treat as confidential the name of a lawyer requesting an informal advisory opinion. Helpline lawyers will not discuss the propriety of past conduct or the actions of a lawyer other than the caller.
Frequently asked ethics questions:
1. I've been fired but the client still owes part of my fee. May I keep her file until she pays? If keeping the file will be detrimental to the client's interests, you may not hold the file to guarantee payment of your fee. Rule 1.16(d) and Formal Advisory Opinion 87-5 provide further guidance on this issue.
2. May I take a new case if it will require me to sue a former client? Maybe. Rule 1.9 allows a lawyer to represent a new client whose interests are adverse to a former client only if the matters are not substantially related, or if the former client consents. Rule 1.6 regarding confidences and secrets also might have some impact on the lawyer's ability to undertake representation adverse to a former client. The rules require a lawyer to make very specific disclosures before obtaining client consent to this type of representation, so please call the Ethics Helpline to talk about your situation with us.
3. I'm leaving my law firm. May I tell the clients whose files I have worked on that I am opening my own practice? Formal Advisory Opinion 97-3 holds that a lawyer who is leaving a firm may ethically notify those clients he or she has actively represented. The communication may be oral or written. The lawyer may advise the client of the lawyer's departure, provide a new address, and notify the client of the lawyer's willingness to provide legal services to the client.
4. I'd like to offer my paralegal a bonus based on the legal fees I've taken in each month. Is that ethical? Rule 5.4 discusses a lawyer splitting a legal fee with a nonlawyer. Formal Advisory Opinion 05-4 provides that it is ethically proper for a lawyer to compensate nonlawyer employees based upon a plan that is based in whole or in part on a profit-sharing arrangement.
5. How long should I keep closed client files? The ethics rules don't require a lawyer to keep closed files for any particular length of time. The exception is trust account records. Rule 1.15(I) does require that a lawyer keep trust account records for at least six years after the case is over. There is a four year statute of limitations for disciplinary investigations; Rule 4-222 provides that the statute may be tolled up to two years in certain situations. You should also take into account potential malpractice claims and other law when making a decision to destroy a file.
6. A woman came to my office for help with her divorce case, but there is another lawyer representing her now. May I speak with her? Yes, unless you currently represent someone whose interests are adverse to hers. Rule 4.2 does not prohibit a disinterested lawyer from providing a second opinion to someone who is currently represented by counsel.