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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-6 Bylaws ............................................................................................................................................ H-7 Standing Board Policy 100 (Legislative Policy and Procedure) ...................................................... H-14 Standing Board Policy 200 (Annual Statement of Revenue) ........................................................... H-16 Standing Board Policy 300 (Board Attendance Policy) ................................................................... H-16 Standing Board Policy 400 (Retired Board Members)..................................................................... H-16 Standing Board Policy 500 (Special Masters) ................................................................................. H-16 Standing Board Policy 600 (Conflicts of Interest) ............................................................................H-16 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-17 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-18 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-19 Young Lawyers Division Bylaws ...................................................................................................... H-20 Part II - Admission to the Bar........................................................................................................... H-25 ETHICS & DISCIPLINE Part III - Reserved ............................................................................................................................ H-25 Part IV - Georgia Rules of Professional Conduct ............................................................................H-25 Internal Rules - Investigative Panel ................................................................................................. H-72 Internal Rules - Review Panel ......................................................................................................... H-74 Internal Rules - Clerk of the State Disciplinary Board ..................................................................... H-75 Advisory Opinions Internal Rules - Formal Advisory Opinion Board ........................................................................H-77 Topical Index .............................................................................................................................. H-78 Question Presented Index .......................................................................................................... H-84 Georgia Rules of Professional Conduct Index ........................................................................... H-87 Issued Opinions .......................................................................................................................... H-89 STATE BAR PROGRAMS Part VI - Fee Arbitration .................................................................................................................. H-144 Part VII - Lawyer Assistance Program ............................................................................................ H-147 Part VIII - Continuing Lawyer Competency .................................................................................... H-148 Part IX - Professionalism ................................................................................................................ H-154 A Lawyer’s Creed ...................................................................................................................... H-155 Aspirational Statements ............................................................................................................. H-155 Part X - Clients’ Security Fund ....................................................................................................... H-156 Part XI - Law Practice Management ............................................................................................... H-157 Part XII - Consumer Assistance Program ....................................................................................... H-158 Part XIII - Judicial District Professionalism Program ...................................................................... H-158 JDPP Internal Operating Procedures ........................................................................................H-159 Part XIV - Rules Governing the Investigation and Prosecution of the Unlicensed Practice of Law ............................................................................................. H-160 JUDICIAL Georgia Code of Judicial Conduct .................................................................................................. H-167 INDEX Master Index ................................................................................................................................... H-175 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 Department this disabled status. A disabled member of the State CREATION AND ORGANIZATION Bar of Georgia holding disabled status under this paragraph shall not be privileged to practice law nor be required to pay dues or CHAPTER 1 annual fees. A disabled member may be reinstated to active mem- CREATION AND ORGANIZATION bership upon application to the State Bar of Georgia. Rule 1-101. Creation. Rule 1-203. Practice by Active Members; Nonresidents. Pursuant to the authority of this court and the Act of the General No person shall practice law in this State unless such person is an Assembly approved by the Governor on March 11, 1963 (Georgia Laws active member of the State Bar of Georgia in good standing; except as 1963, page 70) the State Bar of Georgia is hereby created and established. provided below: (1) A person who is not a member of the State Bar of Georgia, Rule 1-102. Powers. but who is licensed to practice in a state or states other than Georgia, The State Bar of Georgia shall be a legal entity; may sue and and is in good standing in all states in which such person is licensed, be sued; shall have perpetual existence; may contract; may purchase, may be permitted to appear in the courts of this state in isolated receive, lease, acquire, own, hold, improve, use, and otherwise deal cases in the discretion of the judge of such court; or with real and personal property and any legal or equitable interest in (2) A person who is not a member of the State Bar of property, wherever located; may sell, convey, mortgage, pledge, lease, Georgia, but who is licensed to practice in a state or states other exchange, and otherwise dispose of all or any part of its property; may than Georgia, and is in good standing in all states in which such adopt and use an official seal; shall establish a principal office; and shall person is licensed, may be permitted to appear in the courts of this have such other powers, privileges and duties as may be reasonable and state if such person: necessary for the proper fulfillment of its purposes. (i) is enrolled in a full time graduate degree program at an Rule 1-103. Purposes. accredited law school in this state; and The purposes of the State Bar of Georgia shall be: (ii) is under the supervision of a resident attorney; and (a) to foster among the members of the bar of this State the (iii) limits his or her practice to the appearance in the principles of duty and service to the public; courts of this state to the extent necessary to carry out the (b) to improve the administration of justice; and responsibilities of such graduate degree program. (c) to advance the science of law. (3) A person who is admitted to the Bar as a foreign law con- sultant pursuant to Part D of the Rules Governing the Admission to CHAPTER 2 the Practice of Law as adopted by the Supreme Court of Georgia, MEMBERSHIP Ga. Ct. & Bar Rules, p. 12-1 et seq., may render legal services in the state of Georgia solely with respect to the laws of the foreign Rule 1-201. Membership. country (i.e., a country other than the United States of America, All persons now or hereafter
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