O.C.G.A. § 15-19-57 (2019)
Investigation of unauthorized practice of law
The State Bar of Georgia, the Judicial Council of the State of Georgia, and all organized bar associations of this state are each authorized to inquire into and investigate:
(1) Any charges or complaints of unauthorized or unlawful practice of law;
(2) Reserved;
(3) Any charges or complaints that any person, in violation of Code Section 15-19-55 or rules promulgated by the Supreme Court, is orally or by writing, for a consideration then or afterwards to be charged or received by himself or another, offering or tendering to another person, without the solicitation of the person, the services of an attorney at law, resident or nonresident of this state, in order for the attorney to institute an action or represent the person in the courts of this or any other state or of the United States in the enforcement or collection by law of any claim, debt, or demand of the person against another or is suggesting or urging the bringing of such action; and
(4) Any charge or complaints that any person is engaged in the practice of seeking out and proposing to other persons that they present and urge through any attorney at law the collection of any claim, debt, or demand of such person against another.
History
(Ga. L. 1946, p. 171, § 1; Ga. L. 2007, p. 47, § 15/SB 103; Ga. L. 2008, p. 324, § 15/SB 455.)
Annotations
JUDICIAL DECISIONS Authorization to investigate unauthorized practice of law. - Plaintiff ’s claim that O.C.G.A. § 15-19-57 authorized the illegal search and seizure by a private organization in violation of the Fourth Amendment had no merit because the provision merely authorized the State of Georgia and bar associations within the state to inquire into and investigate any charges or complaints of unauthorized or unlawful practice of law. Further, it was
the county superior court and not the statute that authorized plaintiff ’s incarceration for contempt. Alyshah v. Georgia, No. 1:06-CV-0928-TWT, 2006 U.S. Dist. LEXIS 66546 (N.D. Ga. Sept. 1, 2006), aff ’d, 230 Fed. Appx. 949 (11th Cir. Ga. 2007). Cited in Dixon v. Georgia Indigent Legal Servs., Inc., 388 F. Supp. 1156 (S.D. Ga. 1974).
RESEARCH REFERENCES Am. Jur. 2d. - 7 Am. Jur. 2d, Attorneys at Law, §§ 135, 136. C.J.S. - 7 C.J.S., Attorney and Client, § 40. ALR. - Right of one not admitted to practice, or unlicensed, to recover compensation for legal services, 4 ALR 1087; 118 ALR 646. Practicing or pretending to practice law without authority as contempt, 36 ALR 533; 100 ALR 236.
Power of court to conduct general investigation of practices of members of bar without charges against particular members, 60 ALR 860. Offense of barratry; criminal aspects of champerty and maintenance, 139 ALR 620. Modern status of law regarding solicitation of business by or for attorney, 5 ALR4th 866.