Attorney Ethics & Violations FAQs
 What do you mean by the term “attorney ethics”?- What are the Rules of Professional Conduct?
- I am having problems with my lawyer. What can I do?
- I believe my lawyer behaved unethically while representing me. What can I do?
- What happens if the Bar decides that a lawyer violated the Rules of Professional Conduct?
- How is the Bar’s disciplinary process related to a claim for legal malpractice?
1. What do you mean by the term “attorney ethics”?
One general definition of ethics is a set of standards that governs or ought to govern conduct. Because lawyers are given the authority to represent clients, and because they are officers of the legal system, they have a special responsibility to maintain the integrity of that system. The purpose of ethics rules for lawyers is to provide guidance to lawyers on how to conduct themselves in their roles as representatives of clients, as counselors, and as advocates.
~Return to top
2. What are the Rules of Professional Conduct?
In Georgia, attorneys are governed by a set of rules, known as the Rules of Professional Conduct, which set forth a baseline of conduct. The Rules cover a variety of areas, such as competence, diligence, communication, fees, conflicts of interest, and other aspects of the practice of law. View Rules of Professional Conduct.
~Return to top
3. I am having problems with my lawyer. What can I do?
The State Bar of Georgia has a Consumer Assistance Program, whose purpose is to assist clients who have problems with their lawyer. View information about the CAP
Depending on the nature of the problem with your lawyer, you may wish to seek the advice of another lawyer.
~Return to top
4. I believe my lawyer behaved unethically while representing me. What can I do?
The State Bar of Georgia has a procedure for filing what is called a “grievance,” sometimes called a Bar complaint. This is considered a measure of last resort, if the Consumer Assistance Program has been unable to help. The State Bar will investigate the grievance and give the lawyer an opportunity to respond. If the circumstances warrant it, the Bar after investigation and a hearing may discipline the lawyer.
~Return to top
5. What happens if the Bar decides that a lawyer violated the Rules of Professional Conduct?
Depending on the severity of the case, violations of the Rules of Professional Conduct can result in reprimand, suspension, or disbarment.
~Return to top
6. How is the Bar’s disciplinary process related to a claim for legal malpractice?
The short answer is that they are not related, at least not directly. The purpose of a legal malpractice claim is to compensate a client who suffered damages caused by the attorney’s negligence. A Bar grievance, on the other hand, does not result in compensation for the client, but it may result in the lawyer being disciplined by the Bar. Also, conduct that may be a breach of the standard of care (giving rise to a malpractice claim) is in some instances not a violation of the Rules of Professional Conduct, and conduct that may be a violation of the Rules is in some instances not a breach of the standard of care.
~Return to top
|
