Responsibilities to the Profession

Question 1

What are the grounds for a lawyer to be disciplined in Georgia?

Answer 1

• Violate or attempt to violate the RPC, knowingly assist or induce another to do so, or use the acts of another to commit a violation.
• Engage in any professional conduct involving dishonesty, fraud, deceit, or misrepresentation.
• State or imply an ability to improperly influence a government agency or official.
• Be convicted of (1) any felony or (2) any misdemeanor involving moral turpitude.
• Commit a criminal act that relates to the lawyer’s fitness to practice law.
• Fail to pay any final judgment for any money they collected as a lawyer.
• Knowingly assist a judge in conduct that violates the rules of judicial conduct.

Question 2

In which state is a lawyer subject to regulation?

Answer 2

Each state in which they offer legal services or are admitted to practice - meaning a lawyer can be disciplined by multiple states for the same conduct.

Question 3

Is a lawyer required to report misconduct by other lawyers?

Answer 3

No. A lawyer having knowledge that another lawyer has committed a violation of the RPC that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness should inform the appropriate professional authority - but is not required to.

Question 4

What entails the “practice of law”

Answer 4

• Representing litigants and preparing legal pleadings
• Conveyancing
• Preparing legal instruments that secure legal rights
• Giving any legal advice
• Taking any legal action on behalf of another

Question 5

Define

Unauthorized practice of law

Answer 5

A lawyer is prohibited from (1) engaging in the unauthorized practice of law; or (2) assisting another person in the unauthorized practice of law.

However, it is not unauthorized practice for a layperson to represent themselves.

Question 6

How can a lawyer temporarily practice out-of-state?

Answer 6

• Associate with a local lawyer in actively participates in the matter.
• Obtain pro hac vice admission for a particular litigation matter.

Question 7

What is the rule with respect to a lawyer agreeing to limit his practice of law?

Answer 7

• A lawyer must not participate in any agreement restricting a lawyer’s right to practice after termination of the relationship [Non-compete agreements]
• A lawyer must not participate in a settlement agreement between private parties that restricts the lawyer’s right to practice law.

Question 8

What are the requirements for the sale of a law practice?

Answer 8

• The entire practice must be sold to a single lawyer or law firm.
• Written notice must be given to the seller’s clients - clients must be informed that they have a right to obtain other counsel and take possession of their files.
• Client’s fees must not be increased solely because of the sale.

Question 9

Restrictions on Relationships with Nonlawyers

Answer 9

• A lawyer must not form a partnership or organization with a nonlawyer if any of the organization’s activities consist of the practice of law.
• Law firms must not be set up in such a way that a nonlawyer owns an interest in the firm, is an officer or director of the firm, or has the right to direct or control a lawyer’s judgment.
• A person that pays for another’s legal services cannot direct or regulate the lawyer’s professional judgment.