Responsibilities to the General Profession Flashcards
R&DA: Governing Authority
Supreme Court of Georgia
R&DA: bar membership
must belong to the state bar of georgia
R&DA: where to find rules of conduct
rules governing the conduct of GA attn’ys found in the Georgia rule of professional conduct
R&DA: Conduct of lawyer
You are a lawyer all the time. Expected to:
- uphold the integrity of the profession
- repeat misconduct of lawyers
- assist through pro bono
R&DA: Reporting Conduct
Complaints involving a GA atty conduct are investigated through state bar through a panel of disciplinary boards who upon finding probable cause of a violation may file a formal complain with the GA Supreme Court which conducts a hearing through a special master
R&DA: Types of disciplines imposed on a GA att’y
- formal admonishment
- investatory panel reprimand
- review panel reprimand
- public reprimand
- suspension
- disbarment
if you continue to work in the 5&6, you could me charged with a misdemeanor
R&DA: Licensure in more than one state
- Discipline by one state does NOT mean there will be discipline in the other. Each state makes an independent determination of whether the conduct complained of violates that state’s ethical rules. But most other states will give some effect to a sister state’s determination on the basis of full faith & credit clause , or on the basis of comity .
- (Note that federal courts also possess independent powers of discipline).
- Allegations of misconduct are evaluated in accordance with the rules of the state where the lawyers primarily practice but if the conduct complained of has a predominant effect in another
state of license, the rules of the other state
will apply.
R&DA: malpractice claims
attorneys are also subject to  malpractice claims by clients. But the commission of malpractice does not mean the conduct which led to the claim is subject to, rises to the level of, or is appropriate for discipline.
R&DA: timing for disciplinary hearings
Generally, disciplinary proceedings must be brought within four years from the wrongful act or omission.
In most cases the statute of limitations on legal malpractice claims is also four year
Unauthroized Practice of Law Includes
- representing litigants and prepping legal pleadings
- conveyancing
- prepping legal instruments that secure rights
- giving any legal advice
- taking any action on behalf of another
- Does not include 3rd year practice act which allows supervised students to practice criminal law
Pro hac vice
member in good standing of one bar may be allowed to practice in a bar they are not admitted into
Assisting others in unatuhorized practice
not allowed. Corps may not appear pro se. Must ahve an attorney rpesent
may only provide assistance to pro se individual on non substantive issues
Hindering a lawyer’s future right to practice
lawyer may not enter into a non-compete agreement or provision with his current partners or associates.
Selling a practice
- sell practice in its entirety ot another lawyer or law firm
- Give written notice to the affected clients
