ISSUED BY THE FORMAL ADVISORY OPINION BOARD INTERPRETING THE GEORGIA RULES OF PROFESSIONAL CONDUCT

Formal Advisory Opinion  03-1
A Georgia attorney may contract with a client for a non-refundable special retainer so long as: 1) the contract does not violate the attorney's obligation to refund any advance payment of fee that has not been earned; and 2) the contracted for fee, as well as any resulting fee upon termination, is reasonable.

Formal Advisory Opinion  03-2
The obligation of confidentiality applies as between two jointly represented clients.  An attorney must honor one client's request that information be kept confidential from the other jointly represented client.

Formal Advisory Opinion  03-3
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.