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State Bar of Georgia

Notice of First Publication of Proposed Formal Advisory Opinion No. 20-1

On Feb. 18, 2019, the Supreme Court of Georgia issued an order withdrawing Formal Advisory Opinion No. 87-6. Formal Advisory Opinion No. 87-6 is referenced in Formal Advisory Opinion No. 94-3. Subsequent to the withdrawal of Formal Advisory Opinion No. 87-6, the Formal Advisory Opinion Board (“Board”) decided to redraft Formal Advisory Opinion No. 94-3 to ensure that it continues to provide accurate ethics guidance to members of the State Bar of Georgia. More specifically, in the redrafted version of Formal Advisory Opinion 94-3, the Board removes the reference to Formal Advisory Opinion No. 87-6 and more clearly and comprehensively addresses Georgia Rules of Professional Conduct 4.2, 4.3 and 4.4. Proposed Formal Advisory Opinion No. 20-1 is the redrafted version of Formal Advisory Opinion No. 94-3. Proposed Formal Advisory Opinion No. 20-1 addresses the same ethics issue presented in Formal Advisory Opinion No. 94-3.

Click here to access the text of Proposed Formal Advisory Opinion No. 20-1.

Proposed Formal Advisory Opinion No. 20-1 is being processed as a new opinion and published in compliance with Bar Rule 4-403 (c) of the Rules and Regulations of the State Bar of Georgia. Pursuant to Bar Rule 4-403 (c), State Bar members are invited to file comments to Proposed Formal Advisory Opinion No. 20-1 with the Board by Dec. 16, 2020, at the following address:

State Bar of Georgia
104 Marietta St. NW
Suite 100
Atlanta, Georgia 30303
Attention: John J. Shiptenko

Any comment to the proposed opinion should reference Proposed Formal Advisory Opinion No. 20-1. The Board will make a final determination as to whether it will issue the opinion after considering the comments. If the Board decides to issue the opinion, a final draft of the opinion will be filed with the Supreme Court of Georgia and published in complaince with Bar Rule 4-403 (d).