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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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 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 pay nonlawyer staff a monthly bonus based on the law office's gross receipts?
Yes. Under Georgia FAO 05-4, paying nonlawyer employees a monthly bonus based on the firm's gross receipts, on top of their salary, is permissible under Rule 5.4(a)(3), which allows a compensation pla…
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…
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 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 lawyer deposit a retainer or advance fee for work not yet done into the firm's general operating account instead of a trust account?
Generally yes. Georgia FAO 91-2 concluded that a lawyer need not place advance fees in a trust account absent special circumstances needed to protect the client, such as the parties' agreement, the si…
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 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…
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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.