Opinion
Case No. S14U0705
05-19-2014
IN RE: FORMAL ADVISORY OPINION NO. 13-1
Atlanta
The Honorable Supreme Court met pursuant to adjournment. The following order was passed:
Upon consideration of the petition for discretionary review filed by the Office of General Counsel of the State Bar of Georgia in the above-styled Formal Advisory Opinion issued by the Formal Advisory Opinion Board, the same is hereby granted pursuant to Rule 4-403 (d) of the Rules and Regulations for the Organization and Government of the State Bar of Georgia to consider the Board's response to the following questions:
1. Does a Lawyer violate the Georgia Rules of Professional Conduct when he/she conducts a "witness only" real estate closing?
Bar Rule 1.0 (j) provides that "Lawyer" denotes a person authorized by the Supreme Court of Georgia or its Rules to practice law in the State of Georgia, including persons admitted to practice in this State pro hac vice.
2. Can a Lawyer who is closing a real estate transaction meet his/her obligations under the Georgia Rules of Professional Conduct by reviewing, revising as necessary, and adopting documents sent from a lender or from other sources?
3. Must all funds received by a Lawyer in a real estate closing be deposited into and disbursed from the Lawyer's trust account?
The State Bar of Georgia and any other interested party filing a brief shall follow the briefing schedule set forth in Supreme Court Rule 10, counting from the date of this order granting review. State Bar Rule 4-403 (d).
SUPREME COURT OF THE STATE OF GEORGIA
Clerk's Office, Atlanta
I hereby certify that the above is a true extract from the minutes of the Supreme Court of Georgia.
Witness my signature and the seal of said court hereto affixed the day and year last above written.