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2018 Georgia Code 15-19-57 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-19-57 Case Law from Google Scholar Amendments to OCGA 15-19-57

TITLE 15 COURTS

Section 19. Attorneys, 15-19-1 through 15-19-60.

ARTICLE 3 REGULATION OF PRACTICE OF LAW

15-19-57. 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.

(Ga. L. 1946, p. 171, § 1; Ga. L. 2007, p. 47, § 15/SB 103; Ga. L. 2008, p. 324, § 15/SB 455.)

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, F. Supp. 2d (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 A.L.R. 1087; 118 A.L.R. 646.

Practicing or pretending to practice law without authority as contempt, 36 A.L.R. 533; 100 A.L.R. 236.

Power of court to conduct general investigation of practices of members of bar without charges against particular members, 60 A.L.R. 860.

Offense of barratry; criminal aspects of champerty and maintenance, 139 A.L.R. 620.

Modern status of law regarding solicitation of business by or for attorney, 5 A.L.R.4th 866.

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