State Bar of Georgia Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the State Bar of Georgia, with full citations and source links on every page.
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Does a lawyer's duty of confidentiality apply between two clients the lawyer represents jointly?
Yes. Under Georgia FAO 16-1, Rule 1.6 confidentiality applies between jointly represented clients, so a lawyer must honor one client's request to keep information from the other, which in almost all c…
Can a lawyer who represents an insurer on a subrogation claim also represent the insured on related claims like personal injury?
Usually not. Under Georgia FAO 05-7, a lawyer for an insurer's subrogation claim should not also represent the insured on related claims unless adequate representation of both is reasonably likely and…
Can a lawyer report a non-paying client to a credit bureau or other third party to collect an unpaid fee?
No, not to a credit bureau. Under Georgia FAO 07-1, a lawyer may disclose the fee relationship only through direct collection efforts like suing or using a reputable collection agency; reporting the c…
Can a lawyer add a notice to client letters saying the client waives any malpractice claim unless they object within a short period?
No. Under Georgia FAO 05-8, stamping client correspondence with language that causes the client to waive malpractice claims unless they object immediately violates Rule 1.8(h), because the client is n…
Can a Georgia lawyer take a referral fee from a financial adviser for sending clients to that adviser?
Only with great care. Under Georgia FAO 03-3, such a solicitation agreement is ethically and legally perilous; at a minimum Rule 1.7 requires written disclosure and informed consent to the lawyer's pe…
Can a lawyer bill in rounded standard time units, like 15 minutes, regardless of the actual time spent on a task?
Yes, with limits. Under Georgia FAO 01-1, a lawyer may bill in standard time units only if the resulting fee is reasonable under Rule 1.5(a) and the lawyer clearly communicates the standard-unit billi…
Can a lawyer let a nonlawyer staff member prepare and sign letters that give legal advice or threaten legal action?
No. Georgia FAO 00-2 concluded that letting a nonlawyer prepare and sign correspondence giving legal advice or threatening legal action aided the unauthorized practice of law, because it created the r…
Can a lawyer leaving a firm contact the firm's clients to tell them about the move?
Yes, for clients the lawyer worked with. Georgia FAO 97-3 concluded a departing attorney may contact clients with whom the lawyer had significant contact or active representation to advise of the depa…
Can a lawyer be named executor or trustee in a will or trust the lawyer drafted for the client?
Yes, with safeguards. Georgia FAO 91-1 concluded a lawyer may be named executor or trustee in an instrument the lawyer drafted if the lawyer did not influence the choice, fully disclosed the conflicts…
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Legal ethics opinions from the State Bar of Georgia interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.