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.
No State Bar of Georgia opinions match these filters
Try a different search term or clear the filters.
Can a law firm borrow from a bank to advance a client's litigation expenses and charge the client interest on those advances?
Yes, with disclosure. Under Georgia FAO 05-5, a firm may borrow to advance litigation expenses and charge lawful interest, but the contingent fee contract must disclose whether the client owes the exp…
Can a Georgia lawyer charge a client a non-refundable retainer that the lawyer keeps even if the representation ends early?
Yes, within limits. Under Georgia FAO 03-1, a lawyer may contract for a non-refundable special retainer so long as the lawyer still refunds any advance fee not yet earned under Rule 1.16(d) and the fe…
What can a lawyer do with unclaimed client funds in the trust account when the owner can't be found?
Escheat them, but only after a diligent search. Georgia FAO 98-2 concluded that a lawyer holding unclaimed client or fiduciary funds may remove them from the escrow trust account and deliver them to t…
Must a public defender give an indigent client a free copy of the trial transcript for a post-conviction challenge?
Yes, when needed. Georgia FAO 93-4 concluded that Standard 22(b) requires a criminal defense lawyer to give indigent clients copies of transcripts, without cost, whenever that is necessary to avoid fo…
Can a Georgia lawyer hold a client's file under a retaining lien until unpaid fees are paid?
Generally no. Georgia FAO 87-5 concluded that a lawyer's ethical duty not to prejudice the client is paramount over the statutory retaining lien, so the lawyer may not withhold the client's papers or …
Can a Georgia lawyer take a security interest in marital property to secure fees in a divorce case?
Yes, with written consent. Georgia FAO 86-7 concluded that a lawyer may acquire a security interest in marital property to secure reasonable attorney's fees in a domestic relations case if the agreeme…
Browse State Bar of Georgia opinions by topic
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.