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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 4-111. 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
Rule 4-103. Multiple Violations
A finding of a third or subsequent disciplinary infraction under these Rules shall, in and of itself,, constitute discretionary grounds for suspension or disbarment., A Special Master and the State Disciplinary Review Board may exercise this discretionary power when the, question is appropriately before them., infraction for the purpose of this Rule.
RULE 9.5 LAWYER AS A PUBLIC OFFICIAL
A lawyer who is a public official and represents the State, a municipal corporation in the State,, the United States government, their agencies or officials, is bound by the provisions of these Rules, adverse to the State, a municipal corporation in the State, the United States government, their agencies, or officials, when such action is authorized or required by the U., Constitution, the Georgia Constitution or statutes of the United States or Georgia., RULE 9.5 LAWYER AS A PUBLIC OFFICIAL
RULE 9.3 COOPERATION WITH DISCIPLINARY AUTHORITY
During the investigation of a matter pursuant to these Rules, the lawyer complained against shall, Comment [1] Much of the work in the disciplinary process is performed by volunteer lawyers and, In order to make good use of their valuable time, it is imperative that the lawyer complained against, In particular, the lawyer must file a sworn response with the member of the State Disciplinary Board, charged with the responsibility of investigating the complaint
RULE 9.1 REPORTING REQUIREMENTS
Members of the State Bar of Georgia shall, within sixty days, notify the State Bar of, Georgia of: being admitted to the practice of law in another jurisdiction and the, For the purposes of this Rule the term "jurisdiction "shall include state, federal, territorial and non-United, Comment [1] The State Bar of Georgia is the regulatory authority created by the Supreme Court, In order to provide effective disciplinary programs, the State Bar of Georgia needs information about
RULE 5.2 RESPONSIBILITIES OF A SUBORDINATE LAWYER
A lawyer is bound by the Georgia Rules of Professional Conduct notwithstanding that the lawyer acted, at the direction of another person., The maximum penalty for a violation of this Rule is disbarment., would not be guilty of a professional violation unless the subordinate knew of the document's frivolous, of Interest, the supervisor's reasonable resolution of the question should protect the subordinate professionally, RULE 5.2 RESPONSIBILITIES OF A SUBORDINATE LAWYER
RULE 4.3 DEALING WITH UNREPRESENTED PERSON
The maximum penalty for a violation of this Rule is disbarment., is so great that the Rule prohibits the giving of any advice, apart from the advice to obtain counsel, Whether a lawyer is giving impermissible advice may depend on the experience and sophistication of the, the person, the lawyer may inform the person of the terms on which the lawyer's client will enter into, lawyer's own view of the meaning of the document or the lawyer's view of the underlying legal obligations
RULE 3.7 LAWYER AS WITNESS
relates to the nature and value of legal services rendered in the case; or disqualification of the, of the proof, between the interests of the client and those of the opposing party., [5] Whether the combination of roles involves an improper conflict of interest with respect to the, of the lawyer or a member of the lawyer's firm, the representation is improper.
RULE 3.4 FAIRNESS TO OPPOSING PARTY AND COUNSEL
payment of compensation to a witness contingent upon the content of the testimony or the outcome of, methods of obtaining evidence that violate the legal rights of the opposing party or counsel; or present, The maximum penalty for a violation of this rule is disbarment., the rights of the opposing party or counsel., It is impractical to catalogue all such rights, but they include legal restrictions on methods of obtaining
RULE 2.3 EVALUATION FOR USE BY THIRD PERSONS
is compatible with other aspects of the lawyer's relationship with the client; and the client gives, opinion concerning the title of property rendered at the behest of a vendor for the information of a, prospective purchaser, or at the behest of a borrower for the information of a prospective lender., but for the purpose of establishing the limits of the agency's authorized activity., Such a procedure is set forth in the American Bar Association Statement of Policy Regarding Lawyers'
RULE 1.15(I) SAFEKEEPING PROPERTY - GENERAL
When in the course of representation a lawyer is in possession of funds or other property in which both, The maximum penalty for a violation of this rule is disbarment., Comment [1] A lawyer should hold property of others with the care required of a professional fiduciary, The obligations of a lawyer under this rule are independent of those arising from activity other than, [4] A "clients' security fund "provides a means through the collective efforts of the bar to reimburse
RULE 1.11 SUCCESSIVE GOVERNMENT AND PRIVATE EMPLOYMENT
of the fee therefrom., other matter covered by the conflict of interest rules of the appropriate government entity., The maximum penalty for a violation of this rule is disbarment., for purposes of this rule if the lawyer thereafter represents an agency of another government, as when, engagement of the lawyer.
RULE 1.10 IMPUTED DISQUALIFICATION: GENERAL RULE
The maximum penalty for a violation of this rule is disbarment., themselves as a firm, they should be regarded as a firm for the purposes of the rules., members of the department constitute a firm within the meaning of the Georgia Rules of Professional, However, there can be uncertainty as to the identity of the client., Principles of Imputed Disqualification [6] The rule of imputed disqualification stated in paragraph
RULE 1.2 SCOPE OF REPRESENTATION AND ALLOCATION OF AUTHORITY BETWEEN CLIENT AND LAWYER
The maximum penalty for a violation of this rule is disbarment., Because of the varied nature of the matters about which a lawyer and client might disagree and because, Rules of Professional Conduct and other law., The lawyer must, therefore, withdraw from the representation of the client in the matter., Georgia Rules of Professional Conduct or other law or if the lawyer intends to act contrary to the client's, RULE 1.2 SCOPE OF REPRESENTATION AND ALLOCATION OF AUTHORITY BETWEEN CLIENT AND LAWYER
SCOPE
[13] The Georgia Rules of Professional Conduct are rules of reason., They should be interpreted with reference to the purposes of legal representation and of the law itself, But there are some duties, such as that of confidentiality under Bar Rule 1.6: Confidentiality of Information, in state government, and their federal counterparts, and the same may be true of other government law, The attorney-client privilege is that of the client and not of the lawyer.