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Rule 4-401. Informal Advisory Opinions
The Office of the General Counsel of the State Bar of Georgia shall be authorized to render Informal, Advisory Opinions concerning the Office of the General Counsel's interpretation of the Rules of Professional, Conduct or any of the grounds for disciplinary action as applied to a given state of facts., An Informal Advisory Opinion is the personal opinion of the issuing attorney of the Office of the General, Court of Georgia, or the State Bar of Georgia.
Rule 4-227. Petitions for Voluntary Discipline
and assigned to a member of the State Disciplinary Board., The petition shall be filed with the Clerk of the State Disciplinary Boards at the headquarters of the, State Bar of Georgia and copies served upon the Special Master and all parties to the disciplinary proceeding, The Special Master shall consider the petition, the State Bar of Georgia’s response, and the record as, of fact and conclusions of law and delivering same to the Clerk of the State Disciplinary Boards.
Rule 4-226. Immunity
The Supreme Court of Georgia recognizes the disciplinary proceedings of the State Bar of Georgia to be, judicial and quasi-judicial in nature and within the Court’s regulatory function, and in connection, with such disciplinary proceedings, members of the State Disciplinary Boards, the Coordinating Special, Master, Special Masters, Bar counsel, special prosecutors, investigators, and staff are entitled to
Rule 4-224. Expungement of Records
in discipline against the respondent shall be expunged by the Office of the General Counsel in accordance, with the following: those matters closed by the Office of the General Counsel after screening pursuant, The term “expunge” shall mean that all records or other evidence of the existence of the complaint shall, Upon application to the State Disciplinary Board by the Office of the General Counsel, for good cause, Counsel may seek a further extension of the period for which retention of the records is authorized whenever, Expungement of Records
Rule 4-222. Limitation
State Bar of Georgia headquarters or instituted pursuant to these Rules within four years after the, not to exceed two years, that the offender or the offense is unknown, the offender’s whereabouts are, unknown, or the offender’s name is removed from the roll of those authorized to practice law in this, Referral of a matter to the State Disciplinary Board shall occur within 12 months of the receipt of the, Memorandum of Grievance by the Office of the General Counsel or notification to the respondant of the
Rule 4-221.3. Pleadings and Communications Privileged
Pleadings and oral and written statements of members of the Boards, members and designees of the Lawyer, Assistance Program, Special Masters, Bar counsel and investigators, complainants, witnesses, and respondents, and their counsel made to one another or filed in the record during any investigation, intervention,, hearing, or other disciplinary proceeding under this Part IV, and pertinent to the disciplinary proceeding, form the basis for a right of action.
Rule 4-221. Hearing Procedures
the duties incumbent upon me as a member of the State Disciplinary Board of the State Bar of Georgia, /member of the State Disciplinary Review Board of the State Bar of Georgia/Special Master according to, Original pleadings shall be filed with the Clerk of the Boards at the headquarters of the State Bar of, (1) The respondent and the State Bar of Georgia shall have the right to require the issuance of subpoenas, State, the hearing may be held in the county of the State Bar of Georgia headquarters.
Rule 4-219. Publication and Protective Orders
The Office of the General Counsel shall publish notice of all public discipline on the official State, Bar of Georgia website, including the respondent’s full name and business address, the nature of the, in contempt and, pursuant to Rule 4-228, order that a member or members of the State Bar of Georgia take, the respondent or by the State Bar of Georgia., After a final judgment of disbarment or suspension under Part IV of these Rules the respondent shall
Rule 4-218. Judgments
After the Special Master's report and any report of the State Disciplinary Review Board are filed with, the Supreme Court of Georgia, the respondent and the State Bar of Georgia may file with the Court any, All such exceptions shall be filed with the Court within 30 days of the date that the record is filed, The Court will promptly consider the report of the Special Master, any report of the State Disciplinary, A copy of the Court’s judgment shall be transmitted to the State Bar of Georgia and the respondent by
Rule 4-213. Evidentiary Hearing
Within 90 days after the filing of respondent’s answer to the formal complaint or the expiration, of the time for filing of the answer, whichever is later, the Special Master shall proceed to hear the, The evidentiary hearing shall be reported and transcribed at the expense of the State Bar of Georgia., of law and a recommendation of discipline and file a report with the Clerk of the State Disciplinary, Special Master shall order the State Bar of Georgia to purchase a copy of the transcript for respondent
Rule 4-211. Formal Complaint; Service
Within 30 days after a finding of Probable Cause, the Office of the General Counsel shall file a formal, A copy of the formal complaint shall be served upon the respondent after appointment of a Special Master, At all stages of the proceeding, both the respondent and the State Bar of Georgia may be represented, Counsel representing the State Bar of Georgia shall be authorized to prepare and sign notices, pleadings, , motions, complaints, and certificates for and in behalf of the State Bar of Georgia and the State Disciplinary
Rule 4-209.3 Powers and Duties of the Coordinating Special Master
provided in Rule 4-209 (b); to exercise all of the powers and duties provided in Rule 4-210 when acting, and to submit a report to the Supreme Court of Georgia regarding such performance annually; to remove, the respondent’s answer where there has been no final selection of a Special Master within 30 days of, service of the formal complaint upon the respondent; to receive and pass upon challenges and objections, to the appointment of Special Masters; and to extend the time for a Special Master to file a report, Rule 4-209.3 Powers and Duties of the Coordinating Special Master
Rule 4-209.2. Special Masters
The Coordinating Special Master and the Special Masters shall be paid by the State Bar of Georgia, from the general operating fund at rates to be set by the Supreme Court of Georgia, which the Court, To advise the Supreme Court of Georgia with respect to the compensation of the Coordinating Special Master, of the current Treasurer of the State Bar of Georgia; the second, third, and fourth immediate past presidents, of the State Bar of Georgia, unless any such past president should decline to serve; and such other
Rule 4-208.4. Formal Complaint Following Notice of Rejection of Discipline
The Office of the General Counsel shall file with the Clerk of the Supreme Court of Georgia a formal, The Notice of Discipline shall operate as the notice of finding of Probable Cause by the State Disciplinary, The Office of the General Counsel may obtain extensions of time for the filing of the formal complaint, from the Chair of the State Disciplinary Board or his designee., After the rejection of a Notice of Discipline and prior to the time of the filing of the formal complaint, Formal Complaint Following Notice of Rejection of Discipline
Rule 4-208.1. Notice of Discipline
In any case where the State Disciplinary Board finds Probable Cause, the State Disciplinary Board, may issue a Notice of Discipline requesting that the Supreme Court of Georgia impose any level of public, Unless the Notice of Discipline is rejected by the respondent as provided in Rule 4-208.3, (1) the respondent, Court of Georgia., The Supreme Court of Georgia is not bound by the State Disciplinary Board’s recommendation and may impose, Notice of Discipline
Rule 4-204.5. Letters of Instruction
of instruction to the respondent upon the following conditions: the case has been thoroughly investigated, , the respondent has been notified of and has had an opportunity to answer the charges brought against, him, and the case has been reported to a quorum of the State Disciplinary Board assembled at a regularly, vote of its members present and voting, is of the opinion that the respondent either: has not engaged, in conduct that is in violation of the provisions of Part IV, Chapter 1 of these Rules; or has engaged, Letters of Instruction
Rule 4-204.4. Finding of Probable Cause; Referral to Special Master
In the event the State Disciplinary Board finds Probable Cause of the respondent’s violation of one or, more of the provisions of Part IV, Chapter 1 of these Rules, it may refer the matter to the Supreme, Court of Georgia by directing the Office of the General Counsel to file with the Clerk of the Supreme, appointment of a Special Master and a notice of its finding of Probable Cause, within 30 days of the, finding of Probable Cause unless the State Disciplinary Board or its Chair grants an extension of time, Finding of Probable Cause; Referral to Special Master
Rule 4-203.1. Uniform Service Rule
Lawyers shall inform the Membership Department of the State Bar of Georgia, in writing, of their, The Supreme Court of Georgia and the State Bar of Georgia may rely on the official address on file with, Notification of a change of address given to any department of the State Bar of Georgia other than the, the State Bar of Georgia., of the State Bar of Georgia.
Rule 4-111. Audit for Cause
to his clients or the public, the State Disciplinary Board may conduct an Audit for Cause of the lawyer's, trust and escrow accounts with the written approval of the Chair of the State Disciplinary Board and, the President-elect of the State Bar of Georgia., The sufficiency of the notice and opportunity to be heard shall be left to the sole discretion of the, The State Disciplinary Board must inform the person being audited that the audit is an Audit for Cause
Rule 4-109. Refusal or Failure to Appear for Reprimand; Suspension
If a respondent fails to appear for imposition of a Confidential Reprimand without just cause, the State, imposition of a State Disciplinary Review Board Reprimand or a Public Reprimand, the Office of the General, Counsel may file in the Supreme Court of Georgia a motion for suspension of the respondent., A copy of the motion shall be served on the respondent as provided in Bar Rule 4-203.1., The Supreme Court of Georgia may in its discretion, ten days after the filing of the motion, suspend