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 a Georgia lawyer supervise a real estate closing by video conference instead of attending in person?
Yes. A lawyer may close a real estate transaction by video conference so long as the lawyer controls the closing process from beginning to end and does not use remote attendance to delegate the lawyer…
Can a Georgia lawyer conduct a 'witness only' real estate closing, use lender-prepared documents, and route closing funds outside the trust account?
No witness-only closings: the lawyer must control the closing and review all documents. The lawyer may use documents prepared by others after verifying and adopting them, and must deposit and disburse…
Must a Georgia lawyer who supervises a real estate closing hold the closing proceeds in an IOLTA or interest-bearing trust account?
Yes. Under Georgia FAO 04-1, a lawyer who supervises a real estate closing is a fiduciary as to the closing proceeds and must keep them in an IOLTA account (if nominal or short-term) or an interest-be…
Can a lawyer supervise a real estate closing by telephone while a paralegal is physically present at the closing?
No. Georgia FAO 00-3 concluded that a lawyer's participation by telephone, with only a paralegal physically present, did not provide the direct and constant supervision required, so the lawyer's physi…
Can a lawyer delegate the closing of a real estate transaction to a nonlawyer?
No. Georgia FAO 86-5 concluded that closing a real estate transaction is the practice of law, so a lawyer may not delegate the responsibility to close the transaction to a nonlawyer, though specific t…
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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.