Georgia Direct Mail Marketing Services

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The information found below is not legal advice and is provided only as a summary of the rules. Please read the rules for your state carefully.

Overview

The Georgia Rules of Professional Conduct were last updated October 1, 2005.
A complete list of rules is located here.
A complete list of ethics opinions is located here.

General information regarding the content of a letter

GEORGIA RULE OF PROFESSIONAL CONDUCT 7.1

Advertising cannot be false, deceptive, fraudulent, or misleading.
The rule finds the following communications would violate this rule:
- Misrepresentation or omission of a material fact
- Creates an unjustifed expectation
- Compares a lawyer's services with another lawyer unless that can be factually substantiated
- Fails to include the name of at least one lawyer responsible for its content
- Contains any information regarding contingent fees, and fails to conspicuously present the following disclaimer:
- Contingent attorneys' fees refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.
- contains the language 'no fee unless you win or collect' or any similar phrase and fails to conspicuously present the following disclaimer:
  "No fee unless you win or collect [or insert the similar language used in the communication] refers only to fees charged by the attorney. Court costs and other additional expenses of legal action usually must be paid by the client. Contingent fees are not permitted in all types of cases."

GEORGIA RULE OF PROFESSIONAL CONDUCT 7.2

A copy of any such communication must be kept for 2 years after it was last disseminated, along with a record of when and where it was used.

GEORGIA RULE OF PROFESSIONAL CONDUCT 7.4

May indicate a specialization or certification as long as it is not false or misleading

GEORGIA RULE OF PROFESSIONAL CONDUCT 7.5

Use of firm name cannot violate Rule 7.1. Can only state or imply an association if it is true

Specific information regarding the content of a letter

GEORGIA RULE OF PROFESSIONAL CONDUCT 7.3(b)

Any communication sent for the purpose of obtaining employment must be plainly marked "ADVERTISEMENT" on the fact of the envelope and at the top of each page of the communication in type size no smaller than the largest type size used in the body of the letter

Georgia Ethics Opinions

Formal Advisory Opinion No. 92-2 - 30-Jul-92
It is ethically improper for a lawyer to advertise for legal business with the intention of referring a majority of that business out to other lawyers without disclosing that intent

Formal Advisory Opinion No. 93-1 - 18-Feb-93
It is not improper for a law firm to associate another lawyer or law firm for providing consultation and advice to the firm's clients on specialized matters and to identify that lawyer or law firm as "special counsel" for that specialized area of the law. The relationship between the law firm and special counsel must be a bona fide

Advisory Opinion No. 2 - 14-Jan-93
An attorney making contact with other members of the profession for the purpose of advising his or her availability to act as a consultant in a particular area of the law is not in anyway relieved from making certain that all representations are both accurate and not in anyway misleading. Such communication is not in violation of Standard 6.