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 a plaintiff's lawyer agree to personally indemnify the opposing party against third-party claims to the settlement funds, and can a defense lawyer demand it?
No to both. A lawyer may not agree to personally indemnify the opposing party against third-party claims (Rule 1.8(e)), and a lawyer may not demand that opposing counsel make such an agreement (Rule 8…
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 leaving a firm contact the firm's clients to tell them about the move?
Yes, for clients the lawyer worked with. Georgia FAO 97-3 concluded a departing attorney may contact clients with whom the lawyer had significant contact or active representation to advise of the depa…
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…
Must a public defender give an indigent client a free copy of the trial transcript for a post-conviction challenge?
Yes, when needed. Georgia FAO 93-4 concluded that Standard 22(b) requires a criminal defense lawyer to give indigent clients copies of transcripts, without cost, whenever that is necessary to avoid fo…
Can a Georgia lawyer hold a client's file under a retaining lien until unpaid fees are paid?
Generally no. Georgia FAO 87-5 concluded that a lawyer's ethical duty not to prejudice the client is paramount over the statutory retaining lien, so the lawyer may not withhold the client's papers or …
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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.