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Handbook ORGANIZATION of the STATE BAR & ADMISSIONS Part I – Creation & Organization

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Handbook ORGANIZATION of the STATE BAR & ADMISSIONS Part I – Creation & Organization Handbook ORGANIZATION OF THE STATE BAR & ADMISSIONS Part I – Creation & Organization ...................................................................................................... H-2 Part V – Amendment & Effective Date ............................................................................................. H-7 Bylaws ............................................................................................................................................ H-7 Standing Board Policy 100 (Legislative Policy and Procedure) ...................................................... H-14 Standing Board Policy 200 (Annual Statement of Revenue and Expenditures) ............................. H-16 Standing Board Policy 300 (Board Attendance Policy) ................................................................... H-16 Standing Board Policy 400 (Retired Board Members)..................................................................... H-17 Standing Board Policy 500 (Special Masters) ................................................................................. H-17 Standing Board Policy 600 (Conflicts of Interest) ............................................................................ H-17 Standing Board Policy 700 (Document Handling and Disclosure) .................................................. H-17 Standing Board Policy 800 (Confidentiality) .................................................................................... H-17 Standing Board Policy 900 (Whistleblower Non-Retaliation) ........................................................... H-18 Standing Executive Committee Policy 100 (Amicus Brief Policy) ................................................... H-18 Standing Executive Committee Policy 200 (Use of State Bar Letterhead) ..................................... H-18 Standing Executive Committee Policy 300 (Board At-Large Appointments) ................................... H-18 Standing Executive Committee Policy 400 (Appointments to the Bench and Bar Committee) ....... H-18 Standing Executive Committee Policy 500 (Fax and Email Policy)................................................. H-19 Standing Executive Committee Policy 600 (Establishment of Website) .......................................... H-19 Standing Executive Committee Policy 700 (Use of Copyrighted Materials) .................................... H-19 Standing Executive Committee Policy 800 (Fastcase Policy) ......................................................... H-20 Standing Executive Committee Policy 900 (Requests to Inspect State Bar Records) .................... H-20 Standing Executive Committee Policy 1000 (State Bar of Georgia Elections) ................................ H-20 Standing Executive Committee Policy 1100 (Member Legal Service Programs)............................ H-22 Young Lawyers Division Bylaws ...................................................................................................... H-22 Part II – Admission to the Bar .......................................................................................................... H-27 ETHICS & DISCIPLINE Part III – Reserved ........................................................................................................................... H-27 Part IV – Georgia Rules of Professional Conduct ........................................................................... H-27 Internal Rules – Investigative Panel ................................................................................................ H-77 Internal Rules – Review Panel......................................................................................................... H-79 Internal Rules – Clerk of the State Disciplinary Board .................................................................... H-80 Advisory Opinions Internal Rules – Formal Advisory Opinion Board ......................................................................... H-82 Topical Index ................................................................................................................................. H-83 Question Presented Index ............................................................................................................ H-90 Georgia Rules of Professional Conduct Index .............................................................................. H-92 Issued Opinions ............................................................................................................................ H-95 STATE BAR PROGRAMS Part VI – Arbitration of Fee Disputes .............................................................................................. H-154 Part VII – Lawyer Assistance Program ........................................................................................... H-157 Part VIII – Continuing Lawyer Competency .................................................................................... H-158 Part IX – Professionalism ............................................................................................................... H-165 A Lawyer’s Creed ......................................................................................................................... H-165 Aspirational Statements ............................................................................................................... H-165 Part X – Clients’ Security Fund ....................................................................................................... H-167 Part XI – Law Practice Management Program ............................................................................... H-168 Part XII – Consumer Assistance Program ...................................................................................... H-168 Part XIII – Judicial District Professionalism Program ..................................................................... H-169 JDPP Internal Operating Procedures ........................................................................................... H-169 Part XIV – Rules Governing the Investigation and Prosecution of the Unlicensed Practice of Law ............................................................................................... H-170 UPL Advisory Opinions ................................................................................................................ H-174 Part XV – Georgia Bar Foundation ................................................................................................. H-177 JUDICIAL Georgia Code of Judicial Conduct .................................................................................................. H-178 INDEX Master Index ................................................................................................................................... H-191 Please Note: The State Bar of Georgia Handbook is available online at www.gabar.org/barrules/ and is updated as changes occur to ensure it contains the most current information on rules and policies. It is the official report of the State Bar of Georgia. PART I (3) the member has been determined to be permanently CREATION AND ORGANIZATION disabled or disabled for a period in excess of one year by an insurance company and is receiving payments pursuant to a dis- CHAPTER 1 ability insurance policy; or CREATION AND ORGANIZATION (4) the member has a signed statement from a medical doctor that the member is permanently disabled, or disabled for Rule 1-101. Creation. a period in excess of one year, and unable to practice law. Pursuant to the authority of this court and the Act of the General Upon the Executive Committee’s granting of the member’s Assembly approved by the Governor on March 11, 1963 (Georgia Laws petition for disability status, the disabled member shall be treated 1963, page 70) the State Bar of Georgia is hereby created and established. as an inactive member of the State Bar of Georgia and shall not be Rule 1-102. Powers. privileged to practice law. A member holding disabled status shall The State Bar of Georgia shall be a legal entity; may sue and not be required to pay dues or annual fees. A disabled member be sued; shall have perpetual existence; may contract; may purchase, shall continue in such status until the member requests reinstate- receive, lease, acquire, own, hold, improve, use, and otherwise deal ment by written application to the membership department of the with real and personal property and any legal or equitable interest in State Bar of Georgia. property, wherever located; may sell, convey, mortgage, pledge, lease, Rule 1-203. Practice by Active Members; Nonresidents. exchange, and otherwise dispose of all or any part of its property; may No person shall practice law in this State unless such person is an adopt and use an official seal; shall establish a principal office; and shall active member of the State Bar of Georgia in good standing; except as have such other powers, privileges and duties as may be reasonable and provided below: necessary for the proper fulfillment of its purposes. (1) A person who is not a member of the State Bar of Georgia, Rule 1-103. Purposes. but who is licensed to practice in a state or states other than Georgia, The purposes of the State Bar of Georgia shall be: and is in good standing in all states in which such person is licensed, (a) to foster among the members of the bar of this State the may be permitted to appear in the courts of this state in isolated principles of duty and service to the public; cases in the discretion of the judge of such court; or (b) to improve the
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