Category: Ethics

• May I take a new case if it will require me to sue a former client?
  Maybe. Rule 1.9 allows a lawyer to represent a new client whose interests are adverse to a former client only if the matters are not substantially related, or if the former client consents. Rule 1.6 regarding confidences and secrets also might have some impact on the lawyer’s ability to undertake representation adverse to a former client. The rules require a lawyer to make very specific disclosures before obtaining client consent to this type of representation, so please call the Ethics Helpline at 404-527-8741 or 800-682-9806 to talk about your situation with us.
• I’ve been fired but the client still owes part of my fee. May I keep her file until she pays?
  If keeping the file will be detrimental to the client’s interests, you may not hold the file to guarantee payment of your fee. Rule 1.16(d) and Formal Advisory Opinion 87-5 provide further guidance on this issue.
• I’m leaving my law firm. May I tell the clients whose files I have worked on that I am opening my own practice?
  Formal Advisory Opinion 97-3 holds that a lawyer who is leaving a firm may ethically notify those clients he or she has actively represented. The communication may be oral or written. The lawyer may advise the client of the lawyer’s departure, provide a new address and notify the client of the lawyer’s willingness to provide legal services to the client.
• I’d like to offer my paralegal a bonus based on the legal fees I’ve taken in each month. Is that ethical?
  Rule 5.4 discusses a lawyer splitting a legal fee with a nonlawyer. Formal Advisory Opinion 05-4 provides that it is ethically proper for a lawyer to compensate nonlawyer employees based upon a plan that is based in whole or in part on a profit-sharing arrangement.
• How long should I keep closed client files?
  The ethics rules don’t require a lawyer to keep closed files for any particular length of time. The exception is trust account records. Rule 1.15(I) does require that a lawyer keep trust account records for at least six years after the case is over. There is a four-year statute of limitations for disciplinary investigations; Rule 4-222 provides that the statute may be tolled up to two years in certain situations. You should also take into account potential malpractice claims and other law when making a decision to destroy a file.
• A woman came to my office for help with her divorce case, but there is another lawyer representing her now. May I speak with her?
  Yes, unless you currently represent someone whose interests are adverse to hers. Rule 4.2 does not prohibit a disinterested lawyer from providing a second opinion to someone who is currently represented by counsel.
• Where can I file a complaint against my attorney or report a problem with my attorney?

  The Client Assistance Program (CAP) of the State Bar of Georgia handles problems between attorneys and clients. CAP has many ways to help solve your problems. For general and statistical information about CAP, please see the CAP webpage. If you wish to speak to a CAP Administrator, please call 1-800-334-6865 and ask for the CAP line, or dial direct to 404-527-8759. CAP cannot receive inquiries by email.

• I’ve graduated from law school, taken the Bar Exam and am working in a law office. Can I call myself a lawyer?

  No! Even if you have passed the Bar, you must be sworn in by a court and registered with the State Bar of Georgia before you are licensed to practice law in the state. Until then you may not give legal advice to anyone. You may not appear in court or sign your name on a document to be presented to a court (other than for your own personal matters). If a judge allows you to sit with counsel during a hearing, or if you attend a deposition with a licensed attorney, you may not question witnesses or make objections. You are also obligated to clarify your status to anyone who mistakenly believes that you are a lawyer. Be sure that the firm letterhead, website and other publications do not refer to you as a lawyer before you are fully credentialed. There are many tasks that you may perform in a law office while awaiting Bar results and licensing. You may draft briefs or pleadings for a lawyer’s review and signature. You may interview clients and witnesses, and pass along legal advice as directed by a lawyer (making it clear that the advice is from a licensed attorney). Formal Advisory Opinions 19, 21 and 00-2 further describe what tasks may appropriately be delegated to a nonlawyer in a law office.

• How do I obtain a disciplinary history?

  Please Note for Complete Disciplinary History Requests: Pursuant to Bar Rule 4-224 of the State Bar of Georgia, all grievances which do not result in discipline against the respondent are expunged from our records after a period of either one or two years.  

  A disciplinary history is provided as a letter from the Office of the General Counsel for $15 per letter. Requests will be processed and mailed within 10 business days. 

  To order and pay for your disciplinary history online, please login by clicking here and proceed to the Store. 

  To pay by check, log in to the member portal and download the form. Send the completed form and payment to the Office of the General Counsel, State Bar of Georgia, 104 Marietta St. NW, Suite 100, Atlanta, GA 30303, Attn: Karen Cooper. The check should be made payable to State Bar of Georgia.

  If you are no longer a member of the State Bar of Georgia and you need a copy of your disciplinary history, contact Karen Cooper at 404-526-8634 or karenc@gabar.org for assistance.

  Questions? Contact Karen Cooper, 404-526-8634 or karenc@gabar.org.

• What does my disciplinary history letter include?

  A disciplinary history letter includes all grievances that have not been expunged, all confidential discipline, public discipline and membership status.

• When is a grievance expunged?

  If you receive a grievance and that grievance is dismissed by the Office of the General Counsel, the grievance will be expunged from our database and records after one year from the date of dismissal. If the grievance is assigned to the State Disciplinary Board and is subsequently dismissed, that grievance will be expunged from our database and records two years after the date of dismissal.

• What if I need my disciplinary history letter sooner than 10 business days?

  Suppose you need your disciplinary letter in less than 10 business days. In that case, you may email us a Federal Express shipping label, and your letter can be sent to you by overnight or second-day delivery. Contact Karen Cooper at 404-526-8634 or karenc@gabar.org to arrange a FedEx shipment of your disciplinary history letter.

• Does my disciplinary history letter include a certificate of good standing?

  No. You must order a letter of good standing from the membership department. You can order the letter in the Store on our website.