Bar Rules

Formal Advisory Opinion No. 94-2

Ethics & Discipline / Advisory Opinions / Formal Advisory Opinions / Formal Advisory Opinion No. 94-2

State Bar of Georgia
Issued by the Supreme Court of Georgia
On September 9, 1994
Formal Advisory Opinion No. 94-2

For references to Standard of Conduct 45, please see Rules 1.15(I) and 1.2.

For an explanation regarding the addition of headnotes to the opinion, click here.

Ethical Considerations Applicable to a Lawyer Paying Funds to Others Over a Client's Objections.

In those cases where it is not possible to ascertain who is entitled to disputed funds held by the lawyer, the lawyer may hold such disputed funds in the lawyer's trust account for a reasonable period of time while endeavoring to resolve the dispute. If a resolution cannot be reached, it would be appropriate for a lawyer to interplead such disputed funds into a court of competent jurisdiction.

In every case a lawyer has a duty to represent the client and the client's interest. The client's instructions should be followed whenever possible within the restrictions provided in the Standards, including, but not limited to, Standard 45, and applicable law.

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