O.C.G.A.

O.C.G.A. § 15-19-9 (2019)

Unauthorized appearance as contempt; penalty

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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Any attorney appearing for a person without being employed, unless by leave of the court, is guilty of a contempt of court and shall be fined not less than $500.00.

History

(Orig. Code 1863, § 386; Code 1868, § 447; Code 1873, § 412; Code 1882, § 412; Civil Code 1895, § 4422; Civil Code 1910, § 4960; Code 1933, § 9-602.)

Annotations

JUDICIAL DECISIONS This section leaves the trial judge no discretion whatever. M & M Mars v. Jones, 129 Ga. App. 389, 199 S.E.2d 617 (1973). Applicability in federal court. - O.C.G.A. § 15-19-9 had no applicability in federal court as the statute was designed to enable state courts to discipline attorneys who purported to act for litigants but lacked the requisite authority to do so.

Crowder v. Altegra Credit Co. (In re Crowder), No. 03-76982, 2006 Bankr. LEXIS 1356 (Bankr. N.D. Ga. July 7, 2006). Cited in Bell v. Macon Fin. Co., 42 Ga. App. 258, 155 S.E. 493 (1930); Thomas v. Hubert, 84 Ga. App. 710, 66 S.E.2d 924 (1951); Studdard v. Evans, 108 Ga. App. 819, 135 S.E.2d 60 (1964).

RESEARCH REFERENCES C.J.S. - 7A C.J.S., Attorney and Client, § 235. ALR. - Use of affidavits to establish contempt, 79 ALR2d 657.

Right of attorney to continue divorce or separation suit against wishes of his client, 92 ALR2d 1009.

Notes of Decisions

Cited in 1 case, 1988–1988 · leading case: Hargrove v. Phillips, 368 S.E.2d 123 (Ga. Ct. App. 1988).

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Hargrove v. Phillips, 368 S.E.2d 123 (Ga. Ct. App. 1988). · cites it 16× “Adams moved for reconsideration of the trial court's order on the basis that King had never come into physical or financial contact with James Hargrove nor had James Hargrove ever retained King to represent him.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.