(GA) Prof. Ethics

Question 1

In GA, when purchasing or selling a law practice, what must a lawyer do?

Answer 1

→ provide Written Notice to clients - ELEMENTS: (think: “CERTS” mints)

1. Consent from the CL – *may be presumed if CL doesn’t object within 90 of receiving Notice
2. Existence of the proposed sale
3. Right of the CL to retain different attorney
4. Terms of any proposed changes to the Fee Arrangement
5. Sale of the firm (to another lawyer / law firm)

Question 2

In GA, what is the process for professional discipline of a lawyer?

Answer 2

“Cats Go In For Supper”

1. Complaint
2. Grievance Counsel
3. Investigative Panel
4. Formal Complaint Process (a Special Master)
5. Supreme Court

Question 3

In GA, what are the elements of an attorney malpractice action based on negligence?

Answer 3

1. Duty – a GA attorney has the duty to exercise competence and diligence of lawyers of similar experience under similar conditions
2. Breach – GA requires the complaint to be accompanied by an expert affidavit that states at least one act of negligence that occurred under the facts as alleged in the complaint
3. Causation – “but for” causation; but for the lawyer’s breach, the injury would not have occurred
4. Harm – must show actual damages; may not bring a malpractice action while the underlying matter is still pending

Question 4

In GA, when does the Attorney-CL relationship begin?

Answer 4

In GA, the Attorney-CL relationship begins → when the CL reasonably believes such relationship exists

e.g., through actions / statements

Question 5

In GA, what must an attorney include in all advertisements?

Answer 5

= 6

Question 6

In GA, a lawyer’s fee must be ______?

What factors to consider?

Answer 6

= 7

Question 7

In GA, when terminating a CL relationship, what duty does a lawyer always have to CL?

Answer 7

In GA, when terminating a CL relationship, a lawyer always has a…

→ duty to MITIGATE any adverse impact on the CL

Question 8

In GA, when is it mandatory for an attorney to withdrawal from his CL?

Answer 8

= 8

Question 9

In GA, when is it permissible for an attorney to withdrawal from his CL?

Answer 9

= 8

Question 10

In GA, what is the procedure for an attorney to withdraw from his CL?

Answer 10

= 8

Question 11

In GA, what are the 3 basic duties a lawyer owes to his CL while representing him?

Answer 11

In GA, the THREE basic duties a lawyer owes to his CL while representing him are: think: “CDC”

1) Competence
2) Diligence
3) Communication

Question 12

competence

Answer 12

= 9

Question 13

diligence & promptness

Answer 13

= 9-10

Question 14

communication

Answer 14

= 10

Question 15

Analysis for Current CL Conflicts

Answer 15

= 10

Question 16

Analysis for Former CL Conflicts

Answer 16

= 12

Question 17

What are the exceptions to CL confidentiality?

Answer 17

= 15

Question 18

What are the main principles underlying GA’s judicial conduct code?

Answer 18

the main principles underlying GA’s judicial conduct code are:

(think: the “4 I’s” - like “four eyes”)

1) Integrity
2) Independence
3) Impropriety
4) Impartiality