From the President

• Citation: Vol. 29 No. 3 Pg. 0006
• Publication year: 2023
• Pages: 0006

From the President Vol. 29 No. 3 Pg. 6 Georgia Bar Journal December 2023

Protecting Georgians from UPL, Runners and "Super Runners"

HON. J. ANTONIO "TONY" DELCAMPO

President State Bar of Georgia president@gabar.org

The State Bar of Georgia has focused on ensuring the public was adequately protected from persons engaging in the practice of law without the required education, training, experience, professional certification and authority to do so.

In 2003 the Supreme Court of Georgia approved extensive changes to the State Bar's Unlicensed Practice of Law (UPL) Program, creating a statewide Standing Committee and 10 District Committees representing each of the judicial districts in Georgia. Members of all UPL committees are confirmed and appointed directly by the Supreme Court of Georgia and are comprised of lawyer and non-lawyer members, the latter of whom must make up a majority of each committee.

The committees are charged with the consideration of complaints received, processed and thoroughly investigated by the UPL Department staff. The Standing Committee additionally considers requests for advisory opinions.

Since the program's initial launch in 2003, the UPL Department has initiated and conducted more than 2,500 formal investigations. These have resulted in the voluntary execution of more than 600 cease-and desist-affidavits, as well as the filing and litigating by UPL counsel of more than 65 injunctive relief (or contempt) actions in the superior courts of Georgia. Given the scope of this problem, however, our efforts must be better, particularly considering how important this work is and what it means to our mission. We, therefore, are revamping our processes and have made it a priority to ensure all elements of the program are in order, and that our outputs are being produced. As of the Fall Meeting of the Board of Governors, 124 investigations have been opened so far this year. These investigations and this preliminary review involve subjects ranging from disbarred, suspended or out-of-state attorneys to paralegals and other non-attorneys alleged to have engaged in UPL.

When the formal part of an investigation is closed, on average, half will result in subjects agreeing to comply, while most all others will be referred for prosecution. A registry of individuals who have either been permanently enjoined from engaging in the practice of law by court order or have voluntarily executed a cease-and...