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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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 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 legal services lawyer write a state official directly about a client's treatment without going through the Attorney General?
Yes. Georgia FAO 98-3 concluded that a staff lawyer for a non-profit legal services group may contact state officials, such as a prison warden, to raise concerns about the treatment of an incarcerated…
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 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.