Notices

• Jurisdiction: Georgia,United States
• Citation: Vol. 14 No. 5 Pg. 0076
• Pages: 0076
• Publication year: 2009

Notices No. Vol. 14, No. 5, Pg. 76 Georgia Bar Journal February, 2009

First Publication of Proposed Formal Advisory Opinion No. 06-R1

Pursuant to Rule 4-403(c) of the Rules and Regulations of the State Bar of Georgia, the Formal Advisory Opinion Board has made a preliminary determination that the following proposed opinion should be issued. State Bar members are invited to file comments to this proposed opinion with the Formal Advisory Opinion Board at the following address:

State Bar of Georgia

104 Marietta Street NW

Suite 100

Atlanta, Georgia 30303

Attention: John J. Shiptenko

An original and twenty (20) copies of any comment to the proposed opinion must be filed with the Formal Advisory Opinion Board by March 16, 2009, in order for the comment to be considered by the Board. Any comment to a proposed opinion should make reference to the request number of the proposed opinion. Any comment submitted to the Board pursuant to Rule 4-403(c) is for the Board's internal use in assessing proposed opinions and shall not be released unless the comment has been submitted to the Supreme Court of Georgia in compliance with Bar Rule 4-403(d). After consideration of comments, the Formal Advisory Opinion Board will make a final determination of whether the opinion should be issued. If the Formal Advisory Opinion Board determines that an opinion should be issued, final drafts of the opinion will be published, and the opinion will be filed with the Supreme Court of Georgia.

PROPOSED FORMAL ADVISORY OPINION NO. 06-R1

QUESTION PRESENTED:

Is it permissible for an attorney to compensate a lay public relations or marketing organization to promote the services of an attorney through the advertising means listed in Rule 7.2 of the Georgia Rules of Professional Conduct?

SUMMARY ANSWER:

Yes. An attorney may utilize a lay public relations or marketing organization to promote the services of the attorney through the advertising means listed in Rule 7.2 of the Georgia Rules of Professional Conduct if:

(1) The attorney pays a flat or fixed fee (unrelated to the actual number of people who contact or hire the attorney and unrelated to a percentage of the fee obtained for rendering legal services) for the rights to receive communications from potential clients generated by the marketing;

(2) The communication of the lay public relations or marketing organization is not false, fraudulent, deceptive or misleading;

3) The fees...