PART IV GEORGIA RULES OF PROFESSIONAL CONDUCT CHAPTER 1 .
PART IVGEORGIA RULES OF PROFESSIONAL CONDUCTCHAPTER 1GEORGIA RULES OF PROFESSIONAL CONDUCT AND ENFORCEMENT THEREOFRule 4-101. Enforcement of the Georgia Rules of Professional Conduct.The State Bar of Georgia is hereby authorized to maintain and enforce, as set forth in rules hereinafterstated, Georgia Rules of Professional Conduct to be observed by the members of the State Bar ofGeorgia and those authorized to practice law in the State of Georgia and to institute disciplinary actionin the event of the violation thereof.Rule 4-102. Disciplinary Action; Levels of Discipline; Georgia Rules of Professional Conduct.(a) The Rules of Professional Conduct to be observed by the members of the State Bar ofGeorgia and those authorized to practice law in Georgia are set forth herein and any violationthereof; any assistance or inducement directed toward another for the purpose of producing aviolation thereof; or any violation thereof through the acts of another, shall subject the offender todisciplinary action as hereinafter provided.(b) The levels of discipline are set forth below. The power to administer a more severe level ofdiscipline shall include the power to administer the lesser:(1) Disbarment: A form of public discipline removing the respondent from the practice of law inGeorgia. This level of discipline would be appropriate in cases of serious misconduct. This level ofdiscipline includes publication as provided by Rule 4-219(b).(2) Suspension: A form of public discipline which removes the respondent from the practiceof law in Georgia for a definite period of time or until satisfaction of certain conditions imposedas a part of the suspension. This level of discipline would be appropriate in cases that merit morethan a public reprimand but less than disbarment. This level of discipline includes publication asprovided by Rule 4-219(b).(3) Public Reprimand: A form of public discipline which declares the respondent’s conductto have been improper but does not limit the right to practice. A public reprimand shall beadministered by a judge of a superior court in open court. This level of discipline would beappropriate in cases that merit more than a review panel reprimand but less than suspension.(4) Review Panel Reprimand: A form of public discipline which declares the respondent’sconduct to have been improper but does not limit the right to practice. A Review PanelReprimand shall be administered by the Review Panel at a meeting of the Review Panel. Thislevel of discipline would be appropriate in cases that merit more than an investigative panelreprimand but less than a public reprimand.
(5) Investigative Panel Reprimand: A form of confidential discipline which declares therespondent’s conduct to have been improper but does not limit the right to practice. AnInvestigative Panel Reprimand shall be administered by the Investigative Panel at a meeting of theInvestigative Panel. This level of discipline would be appropriate in cases that merit more than aformal admonition but less than a review panel reprimand.(6) Formal Admonition: A form of confidential discipline which declares the respondent’sconduct to have been improper but does not limit the right to practice. A formal admonition shallbe administered by letter as provided in Rules 4-205 through 4-208. This level of disciplinewould be appropriate in cases that merit the lowest form of discipline.(c)(1) The Supreme Court of Georgia may impose any of the levels of discipline set forth abovefollowing formal proceedings against a respondent; however, any case where discipline isimposed by the Court is a matter of public record despite the fact that the level of disciplinewould have been confidential if imposed by the Investigative Panel of the State DisciplinaryBoard.(2) As provided in Part IV, Chapter 2 of the State Bar Rules, the Investigative Panel of theState Disciplinary Board may impose any of the levels of discipline set forth above provided thata respondent shall have the right to reject the imposition of discipline by the Investigative Panelpursuant to the provisions of Rule 4-208.3;(d) The Table of Contents, Preamble, Scope, Terminology and Georgia Rules of ProfessionalConduct are as follows:ContentsPreamble, Scope and TerminologyRules: Client-Lawyer 1.12TerminologyCompetenceScope of Representation and Allocation of Authority Between Client and LawyerDiligenceCommunicationFeesConfidentiality of InformationConflict of Interest: General RuleConflict of Interest: Prohibited TransactionsConflict of Interest: Former ClientImputed Disqualification: General RuleSuccessive Government and Private EmploymentFormer Judge or Arbitrator
on as ClientClient With Diminished CapacitySafekeeping Property - GeneralSafekeeping Property - Trust Account and IOLTARecord Keeping; Trust Account Overdraft Notification; Examination of RecordsDeclining or Terminating RepresentationSale of Law PracticeCounselor2.12.22.32.4Advisor(This Rule is Reserved)Evaluation for Use by Third PersonsLawyer Serving as a Third Party ous Claims and ContentionsExpediting LitigationCandor toward the TribunalFairness to Opposing Party and CounselImpartiality and Decorum of the TribunalTrial PublicityLawyer as WitnessSpecial Responsibilities of a ProsecutorAdvocate in Nonadjudicative ProceedingsTransactions with Persons Other Than Clients4.14.24.34.4Truthfulness in Statements to OthersCommunication with Person Represented by CounselDealing with Unrepresented PersonRespect for Rights of Third PersonsLaw Firms and Associations5.15.25.35.45.55.65.7Responsibilities of a Partner or Supervisory LawyerResponsibilities of a Subordinate LawyerResponsibilities Regarding Nonlawyer AssistantsProfessional Independence of a LawyerUnauthorized Practice of Law: Multijurisdictional Practice of LawRestrictions on Right to PracticeResponsibilities Regarding Law-related Services
Public Service6.16.26.36.4Voluntary Pro Bono Publico ServiceAccepting AppointmentsMembership in Legal Services OrganizationLaw Reform Activities Affecting Client InterestsInformation About Legal Services7.17.27.37.47.5Communications Concerning a Lawyer’s ServicesAdvertisingDirect Contact with Prospective ClientsCommunication of Fields of PracticeFirm Names and LetterheadsMaintaining the Integrity of the Profession8.18.28.38.48.5Bar Admission and Disciplinary MattersJudicial and Legal OfficialsReporting Professional MisconductMisconductDisciplinary Authority; Choice of LawMiscellaneous9.19.29.39.49.5Reporting RequirementsRestrictions on Filing Disciplinary ComplaintsCooperation with Disciplinary AuthoritiesJurisdiction and Reciprocal DisciplineLawyer as a Public OfficialPREAMBLE, SCOPE AND TERMINOLOGYPREAMBLE: A LAWYER’S RESPONSIBILITIES[1] A lawyer is a representative of clients, an officer of the legal system and a citizen havingspecial responsibility for the quality of justice.[2] As a representative of clients, a lawyer performs various functions. As advisor, a lawyerprovides a client with an informed understanding of the client’s legal rights and obligations and explainstheir practical implications. As advocate, a lawyer zealously asserts the client’s position under the rulesof the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistentwith requirements of honest dealing with others. As intermediary between clients, a lawyer seeks toreconcile their divergent interests as an advisor and, to a limited extent, as a spokesperson for eachclient. A lawyer acts as evaluator by examining a client’s legal affairs and reporting about them to theclient or to others.
[3] In all professional functions a lawyer should be competent, prompt and diligent. A lawyershould maintain communication with a client concerning the representation. A lawyer should keep inconfidence information relating to representation of a client except so far as disclosure is required orpermitted by the these Rules or other law.[4] A lawyer should use the law’s procedures only for legitimate purposes and not to harass orintimidate others. A lawyer should demonstrate respect for the law, the legal system and for those whoserve it, including judges, other lawyers and public officials. While it is a lawyer’s duty, whennecessary, to challenge the rectitude of official action, it is also a lawyer’s duty to uphold legal process.[5] As a citizen, a lawyer should seek improvement of the law, the administration of justice andthe quality of service rendered by the legal profession. As a member of a learned profession, a lawyershould cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of thelaw and work to strengthen legal education. A lawyer should be mindful of deficiencies in theadministration of justice and of the fact that the poor, and sometimes persons who are not poor, cannotafford adequate legal assistance, and should therefore devote professional time and civic influence intheir behalf. A lawyer should aid the legal profession in pursuing these objectives and should help thebar regulate itself in the public interest.[6] A lawyer’s professional responsibilities are prescribed in the Rules of Professional Conduct,as well as by substantive and procedural law. A lawyer also is guided by conscience and the approbationof professional peers. A lawyer should strive to attain the highest level of skill, to improve the law andthe legal profession and to exemplify the legal profession’s ideals of public service.[7] Reserved.[8] In the nature of law practice conflicting responsibilities are encountered. Virtually all difficultethical problems arise from conflict among a lawyer’s responsibilities to clients, to the legal system andto the lawyer’s own interest in remaining an upright person. The Rules of Professional Conductprescribe terms for resolving such conflicts. Within the framework of these Rules, many difficult issuesof professional discretion can arise. Such issues must be resolved through the exercise of sensitiveprofessional and moral judgment guided by the basic principles underlying the Rules.[9] The legal profession is largely self-governing. Although other professions also have beengranted powers of self-government, the legal profession is unique in this respect because of the closerelationship between the profession and the processes of government and law enforcement. Thisconnection is manifested in the fact that ultimate authority over the legal profession is vested in theSupreme Court of Georgia.[10] To the extent that lawyers meet the obligations of their professional calling, the occasion forgovernment regulation is obviated. Self-regulation also helps maintain the legal profession’sindependence from government domination. An independent legal profession is an important force inpreserving government under law, for abuse of legal authority is more readily challenged by a professionwhose members are not dependent on government for the right to practice.
[11] The legal profession’s relative autonomy carries with it special responsibilities of selfgovernment. The profession has a responsibility to assure that its regulations are conceived in the publicinterest and not in furtherance of parochial or self-interested concerns of the bar. Every lawyer isresponsible for observance of the Rules of Professional Conduct. A lawyer should also aid in securingtheir observance by other lawyers. Neglect of these responsibilities compromises the independence ofthe profession and the public interest which it serves.[12] The fulfillment of a lawyer’s professional responsibility role requires an understanding bythem of their relationship to our legal system. The Rules of Professional Conduct, when properlyapplied, serve to define that relationship.SCOPE[13] The Rules of Professional Conduct are rules of reason. They should be interpreted withreference to the purposes of legal representation and of the law itself. Some of the Rules are imperatives,cast in the terms “shall” or “shall not.” These define proper conduct for purposes of professionaldiscipline. Others, generally cast in the terms “may” or “should,” are permissive or aspirational anddefine areas under the Rules in which the lawyer has professional discretion. Disciplinary action shallnot be taken when the lawyer’s conduct falls within the bounds of such discretion. The Rules are thuspartly obligatory and disciplinary and partly aspirational and descriptive. Together they define alawyer’s professional role. Comments do not add obligations to or expand the Rules but provideguidance for practicing in compliance with the Rules.[14] The Rules presuppose a larger legal context shaping the lawyer’s role. That context includescourt rules and statutes relating to matters of licensure, laws defining specific obligations of lawyers andsubstantive and procedural law in general. Compliance with the Rules, as with all law in an opensociety, depends primarily upon understanding and voluntary compliance, secondarily uponreinforcement by peer and public opinion and finally, when necessary, upon enforcement throughdisciplinary proceedings. The Rules do not, however, exhaust the moral and ethical considerations thatshould inform a lawyer, for no worthwhile human activity can be completely defined by legal rules. TheRules simply provide a framework for the ethical practice of law.[15] Furthermore, for purposes of determining the lawyer’s authority and responsibility, principlesof substantive law external to these Rules determine whether a client-lawyer relationship exists. Most ofthe duties flowing from the client-lawyer relationship attach only after the client has requested the lawyerto render legal services and the lawyer has agreed to do so. But there are some duties, such as that ofconfidentiality under Rule 1.6: Confidentiality of Information, that may attach when the lawyer agrees toconsider whether a client-lawyer relationship will be established. Whether a client-lawyer relationshipexists for any specific purpose depends on the circumstances and may be a question of fact.[16] Under various legal provisions, including constitutional, statutory and common law, theresponsibilities of government lawyers may include authority concerning legal matters that ordinarilyreposes in the client in private client-lawyer relationships. For example, a lawyer for a governmententity may have authority on behalf of the government to decide upon settlement or whether to appealfrom an adverse judgment. Such authority in various respects is generally vested in the attorney generaland the state’s attorney in state government, and their federal counterparts, and the same may be true of
other government law officers. Also, lawyers under the supervision of these officers may be authorizedby law to represent several government entities in intergovernmental legal controversies incircumstances where a private lawyer could not represent multiple private clients. They also may haveauthority to represent the “public interest” in circumstances where a private lawyer would not beauthorized to do so. These Rules do not abrogate any such authority.[17] Failure to comply with an obligation or prohibition imposed by a Rule is a basis forinvoking the disciplinary process. The Rules presuppose that disciplinary assessment of a lawyer’sconduct will be made on the basis of the facts and circumstances as they existed at the time of theconduct in question and in recognition of the fact that a lawyer often has to act upon uncertain orincomplete evidence of the situation. Moreover, the Rules presuppose that whether or not disciplineshould be imposed for a violation, and the severity of a sanction, depend on all the circumstances,such as the willfulness and seriousness of the violation, extenuating factors and whether there havebeen previous violations.[18] The purpose of these Rules is not to give rise to a cause of action nor to create apresumption that a legal duty has been breached. These Rules are designed to provide guidance tolawyers and to provide a structure for regulating conduct through disciplinary agencies. They are notdesigned to be a basis for civil liability. Furthermore, the purpose of the Rules can be subverted whenthey are invoked by opposing parties as procedural weapons. The fact that a Rule is a just basis for alawyer’s self-assessment, or for sanctioning a lawyer under the administration of a disciplinaryauthority, does not imply that an antagonist in a collateral proceeding or transaction has standing to seekenforcement of the Rule. Accordingly, nothing in the Rules should be deemed to augment anysubstantive legal duty of lawyers or the extra-disciplinary consequences of violating such a duty.[19] Moreover, these Rules are not intended to govern or affect judicial application of either theattorney-client or work product privilege. In reliance on the attorney-client privilege, clients are entitledto expect that communications within the scope of the privilege will be protected against compelleddisclosure. The attorney-client privilege is that of the client and not of the lawyer. The fact that inexceptional situations the lawyer under the rules has a limited discretion to disclose a client confidencedoes not vitiate the proposition that, as a general matter, the client has a reasonable expectation thatinformation relating to the client will not be voluntarily disclosed and that disclosure of suchinformation may be judicially compelled only in accordance with recognized exceptions to the attorneyclient and work product privileges.[20] Reserved.[21] The Comment accompanying each Rule explains and illustrates the meaning and purpose ofthe Rule. The Preamble and this note on Scope provide general orientation. The Comments are intendedas guides to interpretation, but the text of each Rule is authoritative.RULE 1.0TERMINOLOGY(a) “Belief” or “believes” denotes that the person involved actually thought the fact inquestion to be true. A person’s belief may be inferred from circumstances.
(b) “Confirmed in writing” when used in reference to the informed consent of a person,denotes informed consent that is given in writing by the person, or a writing that a lawyerpromptly transmits to the person confirming an oral informed consent. See paragraph (h) forthe definition of “informed consent.” If it is not feasible to obtain or transmit the writing at thetime the person gives informed consent, then the lawyer must obtain or transmit it within areasonable time thereafter.(c) “Consult” or “consultation” denotes communication of information reasonablysufficient to permit the client to appreciate the significance of the matter in question.(d) “Domestic Lawyer” denotes a person authorized to practice law by the duly constitutedand authorized governmental body of any State or Territory of the United States or theDistrict of Columbia but not authorized by the Supreme Court of Georgia or its Rules topractice law in the State of Georgia.(e) “Firm” or “law firm” denotes a lawyer or lawyers in a private firm, law partnership,professional corporation, sole proprietorship or other association authorized to practice lawpursuant to Bar Rule 1-203(4); or lawyers employed in a legal services organization or thelegal department of a corporation or other organization.(f) “Foreign Lawyer” denotes a person authorized to practice law by the duly constitutedand authorized governmental body of any foreign nation but not authorized by the SupremeCourt of Georgia or its Rules to practice law in the State of Georgia.(g) “Fraud” or “fraudulent” denotes conduct that is fraudulent under the substantive orprocedural law of the applicable jurisdiction and has a purpose to deceive; not merely negligentmisrepresentation or failure to apprise another of relevant information.(
be administered by letter as provided in Rules 4-205 through 4-208. This level of discipline would be appropriate in cases that merit the lowest form of discipline. (c) (1) The Supreme Court of Georgia may impose any of the levels of discipline set forth above following formal proceedings against a respondent; however, any case where discipline is
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