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 …
When can a lawyer ethically agree to a flat fixed fee to handle an indeterminate amount of legal work, including insurance defense work?
Flat fixed-fee contracts are allowed if the fee is reasonable and the lawyer still provides competent, diligent representation. Risk rises as the work becomes indeterminate and a third party pays; a f…
Can a lawyer defend an insured in a case while also representing, in an unrelated matter, the insurer that holds a subrogation right against any recovery?
Usually not. Under Georgia FAO 05-11, if the insurer is the lawyer's client in the unrelated matter, defending the insured is advocacy against a current client and an impermissible Rule 1.7(a) conflic…
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 law firm hold out an affiliated lawyer or firm as 'special counsel,' and does imputed disqualification then treat them as one firm?
Yes, if bona fide. Under Georgia FAO 05-13, a firm may identify an affiliated lawyer or firm as 'special counsel' for a specialty area if the relationship is genuine; the Rule 1.10 imputed-disqualific…
Can a lawyer who serves on a city council defend criminal cases in which the police, whose pay the council controls, exercise charging discretion?
It depends. Under Georgia FAO 05-12, such representation implicates Rule 3.5(a)'s bar on improperly influencing officials, and a lawyer should not take the case where an inference of improper influenc…
Can a part-time law clerk appear as a lawyer for a client before the judge the clerk currently works for?
No. Under Georgia FAO 05-3, a law clerk representing a client before the clerk's present employer-judge violates Rule 1.7, and the conflict cannot be cured by client consent because of Rule 3.5(a)'s b…
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 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 lender's in-house counsel provide legal services to the borrower, and can the lender charge the borrower a legal fee?
No to both. Georgia FAO 99-2 concluded that in-house counsel for a real estate lender may not provide legal services to the lender's customer arising out of their relationship; doing so assists the le…
Can a firm represent one co-defendant when an 'of counsel' lawyer at the same firm represents the other?
Generally no. Georgia FAO 98-4 concluded that because an 'of counsel' lawyer must have a close, regular, personal relationship with the firm, the conflict rules that apply to partners and associates a…
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 require a client to release malpractice and bar-complaint claims before returning the client's file?
No. Georgia FAO 96-1 concluded that a lawyer may not condition the return of a discharged client's files on the client signing a release of all claims, including malpractice claims and State Bar disci…
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…
Can a prosecutor make a plea deal conditional on the defendant's appointed or pro bono lawyer waiving their attorney's fees?
No. Georgia FAO 93-3 concluded it is unethical for a prosecutor to condition a plea agreement on appointed or pro bono defense counsel waiving any claim for attorney's fees, because it creates a non-w…
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…
Can a part-time judge also work as a criminal defense lawyer?
Not categorically barred. Georgia FAO 86-2 concluded that part-time judges may represent criminal defendants in other courts, but regular or exclusive criminal defense work by a judge who issues warra…
Can a lawyer who sits on the city council represent clients before judges the council appoints if the lawyer abstains from the appointment vote?
No, and abstaining is not the answer. Georgia FAO 89-2 advised that an attorney who is also a city council member should avoid representing private clients before Recorder's Court judges the council a…
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…
Can a plaintiff's lawyer write directly to an insured defendant about the insurer's duty to settle within policy limits?
No legal advice. Georgia FAO 86-4 concluded that a plaintiff's personal-injury lawyer may not write the insured defendant a letter containing legal advice, such as advice about the insurer's exposure …
Can a county attorney in Georgia represent criminal defendants?
Not categorically. Georgia FAO 86-3 found no per se bar to a county attorney, or the attorney's partners or associates, representing criminal defendants, except where the defendant is charged with vio…
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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.