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Rule 6-414. Reopening of Hearings.
Upon the motion of the arbitrators or of a party, an arbitration may be reopened for good cause shown, However, if the reopening of the hearing would prevent the award from being rendered within the time, provided by these rules, the matter may not be reopened unless both parties agree upon the extension, of such time limit., Reopening of Hearings.
Rule 6-413. Closing of Hearings.
Prior to the closing of an arbitration hearing, the arbitrators shall inquire of all parties whether, they have any further evidence to offer or additional witnesses to be heard., If no further evidence is to be presented by either party, the arbitrators shall declare the hearing, closed and make a record of that fact., Closing of Hearings.
Rule 6-409. Order of Proceedings.
The hearing shall be opened by the filing of the oath of the arbitrators., Next, the panel shall record the place, time, and date of the hearing, the names of the arbitrators,, The normal order of proceedings shall be the same as at a trial, with the petitioner’s claim being presented, However, the arbitrators shall have the discretion to vary the normal order of proceedings., The petitioner shall have the burden of proof by a preponderance of the evidence., Order of Proceedings.
Rule 6-405. Death, Disability, or Resignation of Arbitrator.
an arbitrator dies, resigns, or becomes unable to continue to act while an arbitration is pending, the, remaining two arbitrators shall not proceed with the arbitration., The Committee or its designee shall determine the course of further proceedings and may appoint a substitute, or replacement arbitrator or, by agreement of the parties, may proceed with one arbitrator., Death, Disability, or Resignation of Arbitrator.
Rule 6-402. Time and Place of Arbitration Hearing.
Upon their appointment by the Committee, the arbitrators shall elect a chair and then shall fix a time, and place for the arbitration hearing. , To the extent feasible, the hearing shall be held no more than 60 days after the appointment of the last, At least ten calendar days prior to the hearing, the Committee shall mail notices of the time and place, of the hearing to each party by first class mail, addressed to each party’s last known address., Time and Place of Arbitration Hearing.
Rule 6-305. Powers and Duties of Arbitration Panel.
The panel of arbitrators shall have the following powers and duties: (a) To compel by subpoena the attendance, of witnesses and the production of documents and things; (b) To decide the extent and method of any, discovery; (c) To administer oaths and affirmations; (d) To take and hear evidence pertaining to the, proceeding; (e) To rule on the admissibility of evidence; (f) To interpret and apply these rules insofar, as they relate to the arbitrators’ powers and duties; and (g) To perform all acts necessary to, Powers and Duties of Arbitration Panel.
Rule 6-303. Selection of Arbitrators.
The arbitration panel shall be selected by the Committee or its staff., Except as provided below, the arbitration panel shall consist of two lawyer members who have practiced, Petitioner and respondent by mutual agreement shall have the right to select the three arbitrators., them, provided any such sole arbitrator shall be one of the persons on the roster of arbitrators or shall, have been approved in advance by the Committee upon the joint request of petitioner and respondent., Selection of Arbitrators.
Rule 6-302. Neutrality of Arbitrators.
an objective and impartial determination of the proceeding, the arbitrator must disclose that potential, If the arbitrator becomes aware of the potential conflict prior to the hearing, the disclosure shall, be made to the Committee, which shall forward the disclosure to the parties., If the potential conflict becomes apparent during the hearing, the disclosure shall be made directly, disqualified, and the arbitrator does not voluntarily withdraw, the party shall promptly notify the, Neutrality of Arbitrators.
Rule 6-205. Termination or Suspension of Proceedings.
The Committee may suspend or terminate arbitration proceedings or may decline or terminate jurisdiction, if the client, in addition to pursuing arbitration of a fee dispute under these rules, asserts a claim, against the lawyer in any court arising out of the same set of circumstances, including any claim of, Any claim or evidence of professional misconduct within the meaning of the Georgia Code of Professional, Responsibility may be reported by the arbitrators or the Committee to the Office of the General Counsel, Termination or Suspension of Proceedings.
Rule 6-203. Answer.
Staff, in its discretion, may grant appropriate extensions of time for the filing of an answer., shall contain the following elements: (a) If the respondent is the client and/or payer, a statement, as to whether the respondent agrees to be bound by the result of the arbitration; (b) The respondent, ’s statement of facts., intends to assert; (d) The date of the answer; and (e) Each respondent’s signature.
Rule 6-202. Service of Petition.
the petition, along with a Fee Arbitration Answer Form and an acknowledgment of service form, upon the, A signed acknowledgment of service form or a written answer from the respondent or respondent’s counsel, shall constitute conclusive proof of service and shall eliminate the need to utilize any other form, In the absence of an acknowledgment of service or a written response from the respondent or respondent's, If service is not accomplished, the Committee shall not accept jurisdiction of the case. , Service of Petition.
Rule 6-201. Petition.
A request for arbitration of a fee dispute is initiated by the filing of a petition with the Committee, contain the following elements: (a) A statement of the nature of the dispute and the petitioner’s statement, addresses of the client(s) and the lawyer(s); (c) A statement as to whether or not the petitioner has, made a good faith effort to resolve the dispute; (d) A statement that by filing the petition, the petitioner, has agreed to be bound by the result of the arbitration; (e) The date of the petition; and (f)
Rule 4-225. Jurisdiction
The State Disciplinary Board and any person who is connected with disciplinary proceedings in any way, shall not be subject to the jurisdiction of any court other than the Supreme Court with respect thereto
Rule 4-211.1 Dismissal after Formal Complaint
At any time after the State Disciplinary Board finds Probable Cause, the Office of the General Counsel, may dismiss the proceeding with the consent of the Chair or Vice-Chair of the State Disciplinary Board, or with the consent of any three members of the State Disciplinary Board.
Rule 4-208.3. Rejection of Notice of Discipline
In order to reject the Notice of Discipline, the respondent or the Office of the General Counsel, must file a Notice of Rejection of the Notice of Discipline with the Clerk of the Supreme Court of Georgia, within 30 days following service of the Notice of Discipline., The respondent must also file a copy of such written response with the Clerk of the Supreme Court of, Georgia at the time of filing the Notice of Rejection., Rejection of Notice of Discipline
Rule 4-208. Confidential Discipline; Effect in Event of Subsequent Discipline
In the event of a subsequent disciplinary proceeding, the confidentiality of the imposition of confidential, discipline shall be waived and the Office of the General Counsel may use such information as aggravation, of discipline., Confidential Discipline; Effect in Event of Subsequent Discipline
Rule 4-206. Confidential Discipline; Contents
Formal Letters of Admonition and Confidential Reprimands shall contain a statement of the specific, conduct of the respondent that violates Part IV, Chapter 1 of these Rules, shall state the name of the, complainant, if any, and shall state the reasons for issuance of such confidential discipline., of the respondent to reject the Formal Letter of Admonition under Rule 4-207; the procedure for rejecting, the Formal Letter of Admonition under Rule 4-207; and the effect of an accepted Formal Letter of Admonition
Rule 4-205. Confidential Discipline; In General
The State Disciplinary Board may issue a Formal Letter of Admonition or a Confidential Reprimand in, , and the case has been reported to a quorum of the State Disciplinary Board assembled at a regularly, scheduled meeting; the State Disciplinary Board, as evidenced through the majority vote of its members, of the provisions of Part IV, Chapter 1 of these Rules; and the State Disciplinary Board, is the opinion of the State Disciplinary Board that the protection of the public and rehabilitation
Rule 4-203. Powers and Duties
A copy of the information serving as the basis for investigation or proceedings before the State Disciplinary, instruction when dismissing a matter; (4) to delegate the duties of the State Disciplinary Board enumerated, in paragraphs (1), (2), (8), (9), (10), and (11) hereof to the Chair of the State Disciplinary Board, Upon petition for good cause the State Disciplinary Board may compel the attendance of witnesses and, medical or mental health professional; and (14) to use the staff of the Office of the General Counsel
Rule 4-104. Mental Incapacity and Substance Abuse
practice law as a result of one of the conditions described in paragraph (a) above, the Board may, in, health professional for the purposes of evaluation and possible referral to treatment and/or peer support, In such situations the medical or mental health professional shall report to the State Disciplinary Board, and the Office of the General Counsel concerning the lawyer’s progress toward recovery., A lawyer’s refusal to cooperate with the medical or mental health professional or to participate in the