O.C.G.A. § 15-19-50 (2019)

Annotations

Law reviews. - For annual survey article on legal ethics, see 56 Mercer L. Rev. 315 (2004). For annual survey of construction law, see 57 Mercer L. Rev. 79 (2005). For comment on Florida Bar v. Town, 174 So.2d 395 (Fla. 1965) as to unauthorized practice of law, see 17 Mercer L. Rev.

322 (1965). For comment on Georgia Bar Ass’n v. Lawyers Title Ins. Co., 222 Ga. 657, 151 S.E.2d 718 (1966), discussing constitutional permissibility of legislative definition of practice of law and suggesting solutions to unauthorized practice of law, see 18 Mercer L. Rev. 486 (1967).

JUDICIAL DECISIONS Refusal to allow representation by out-of-state counsel. - Inasmuch as the practice of law includes the giving of legal advice, a trial court does not err in refusing to allow an out-of-state attorney to sit at counsel’s table or talk to defense counsel during the trial, especially since there is no guarantee that a defendant can be represented by out-of-state counsel. Williams v. State, 157 Ga. App. 494, 277 S.E.2d 781 (1981). Filing of petition to revoke probation was not the unauthorized practice of law. - Probation officer who was an employee of a private corporation retained to provide probation supervision services in misdemeanor cases pursuant to O.C.G.A. § 42-8-100(f )(1) (now (g)(1)) was still an officer of the court and could file a petition to revoke defendant’s probation on a misdemeanor shoplifting charge; probation officer’s action did not constitute the practice of law, let alone the unauthorized practice of law. Huzzie v. State, 253 Ga. App. 225, 558 S.E.2d 767 (2002). Qualifications of proposed expert attorney witness. - Trial court did not abuse the court’s discretion in granting a motion in limine in a legal malpractice action to exclude a purported expert witness on the standard of care in a real

estate transaction, under former O.C.G.A. § 24-9-67.1 (see now O.C.G.A. § 24-7-702), because the witness, although a member of the state bar, was not then engaged in any activities that constituted practicing law in Georgia under O.C.G.A. § 15-19-50. Although the witness worked as a merchant in a family-owned wholesale equipment distribution business, at the relevant time, the witness did not represent the company or any other litigant in court, did not prepare deeds or other conveyance documents, did not search property title records or issue an attorney’s title certificate, and did not perform the legal tasks inherent in closing real estate transactions. Wilson v. McNeely, 307 Ga. App. 876, 705 S.E.2d 874 (2011). Cited in Dixon v. Reliable Loans, Inc., 112 Ga. App. 618, 145 S.E.2d 771 (1965); In re Clarkson, 125 Ga. App. 481, 188 S.E.2d 113 (1972); Green v. Caldwell, 229 Ga. 650, 193 S.E.2d 847 (1972); Rary v. Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973); Huber v. State, 234 Ga. 357, 216 S.E.2d 73 (1975); Smith v. Nations, 147 Ga. App. 623, 249 S.E.2d 676 (1978); In re Dowdy, 247 Ga. 488, 277 S.E.2d 36 (1981); In re Nichols, 248 Ga. 254, 282 S.E.2d 341 (1981); United States v. Allen, 699 F.2d 1117 (11th Cir. 1983).

OPINIONS OF THE ATTORNEY GENERAL Duties of district attorney constitute practice of law. - Although a solicitor general (now district attorney) has only the state for a client in the performance of the attorney’s public duties, the

solicitor general is necessarily a ‘‘partisan in the cases’’ when appearing on behalf of the state; these duties do constitute the practice of law. 1965-66 Op. Att’y Gen. No. 66-189.

ADVISORY OPINIONS OF THE STATE BAR Out-of-state law firm. - Out-of-state law firm may open and maintain an office in the State of Georgia under the direction of a full-time associate of that firm, the associate being a full-time Georgia resident and a member of the State Bar of Georgia. Adv. Op. No. 78-23 (May 19, 1978). Real estate closings. - Lawyers may not ethically conduct a ‘‘witness only’’ real estate closing; Georgia law requires that a lawyer handle a real estate closing (O.C.G.A. § 15-19-50). A lawyer who conducts a real estate closing acting only as a witness misrepresents his or her role in the process in violation of Ga. St. Bar R. 4-102(d):8.4. In re Formal Advisory Opinion No. 13-1, 295 Ga. 749, 763 S.E.2d 875 (2014). Real estate closings. - It is ethically improper for lawyers to permit nonlawyers to close real estate transactions. The lawyer’s physical presence at a

closing will assure that there is supervision of the work of the paralegal which is direct and constant. Adv. Op. No. 00-3 (Feb. 11, 2000). Unauthorized practice of law by nonlawyers. - Lawyer is aiding a nonlawyer in the unauthorized practice of law when the lawyer allows a nonlawyer member of his or her staff to prepare and sign correspondence which threatens legal action or provides legal advice or both. Generally, a lawyer is aiding a nonlawyer in the unauthorized practice of law whenever the lawyer effectively substitutes the legal knowledge and judgment of the nonlawyer for his or her own. Regardless of the task in question, a lawyer should never place a nonlawyer in situations in which he or she is called upon to exercise what would amount to independent professional judgment for the lawyer’s client. Adv. Op. No. 00-2 (Feb. 11, 2000).

RESEARCH REFERENCES Am. Jur. 2d. - 7 Am. Jur. 2d, Attorneys at Law, §§ 1, 119 et seq. C.J.S. - 7 C.J.S., Attorney and Client, §§ 2, 29 et seq. ALR. - Practicing or pretending to practice law without authority as contempt, 36 ALR 533; 100 ALR 236. What amounts to practice of law, 111 ALR 19; 125 ALR 1173; 151 ALR 781. Services in connection with tax matters as practice of law, 9 ALR2d 797. Drafting, or filling in blanks in printed forms, of instruments relating to land by real-estate agents, brokers, or managers

as constituting practice of law, 53 ALR2d 788. Trust company’s act as fiduciary as practice of law, 69 ALR2d 404. Right of attorney admitted in one state to recover compensation for services rendered in another state where he was not admitted to the bar, 11 ALR3d 907. Representation of another before state public utilities or service commission as involving practice of law, 13 ALR3d 812. Activities of law clerks as illegal practice of law, 13 ALR3d 1137.