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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If a lawyer is both the child's attorney and guardian ad litem in a termination of parental rights case, can the lawyer argue for termination over the child's objection?
No. When the child's wishes and the lawyer's view of the child's best interests irreconcilably conflict, the lawyer must petition to withdraw from the guardian ad litem role and continue as the child'…
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 different lawyers in the same circuit public defender office represent co-defendants when one lawyer would have a conflict of interest?
No. A circuit public defender office is a 'firm' under Rule 1.10(a), so a conflict that would bar one public defender is imputed to all lawyers in that office, though imputation applies only after an …
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 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 or firm work as, or hire, a temporary or contract lawyer, and how are conflicts, confidentiality, and fees handled?
Yes. Under Georgia FAO 05-9, nothing prohibits the use of temporary lawyers, but the temporary lawyer and the firm must manage conflicts, imputed disqualification, confidentiality, client disclosure, …
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 practice in more than one law firm at the same time?
Yes, with conditions. Georgia FAO 97-2 concluded a lawyer may practice in more than one firm if the firms have different ownership, the public and clients are clearly informed, and each firm follows t…
Can a lawyer join a program that buys client fee bills and collects the fees from the client?
No. Georgia FAO 95-1 concluded that Georgia lawyers cannot ethically participate in a program that purchases client fee bills and collects them, because participation will result in violating one or m…
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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.