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Is there legislation governing the legal sector |
The governing of the practice of law falls under the inherent powers of the Supreme Court of Georgia. There is legislation in aid of the Court’s inherent powers found at Title 15 Courts, Chapter 19 Attorneys, Section 19. (O.C.G.A. 15-19-1 through 15-19-58.) |
Under what title do lawyers practise? |
Attorney at law |
How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed? |
An attorney or lawyer must receive a license from the Supreme Court of Georgia. In order to do so, an individual must have a bachelor’s degree, an LLB or JD from an ABA approved law school, satisfy character and fitness to practice requirements, and have passed the bar examination and multistate professional responsibility examination (MPRE). The full fitness, educational and testing requirements are found at https://www.gabaradmissions.org/rules-governing-admission. |
Does this entitle the holder to practise throughout the country? If the law license only permits one to practice on a sub-national level, please explain the jurisdictional limits |
This only automatically entitles the holder to practise in Georgia. The right to practise on a temporary basis in another state or to appear pro hac vice in another state depends on the explicit permission of that state. |
Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction?
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Only persons holding a license may give legal advice. Subject to certain situations where the pro se exception applies only holders of the license may engage in representation in criminal and civil court proceedings. |
Do you need to hold local nationality to be eligible to practise law? |
No |
What legal forms can lawyers work in? (e.g. self employment, partnership, limited liability partnership, multi-disciplinary partnership, incorporation) |
Persons who are authorized to practice law in this State are hereby authorized to practice law as sole proprietorships or as partners, shareholders, or members of: |
What other ethical or regulatory requirements must a licensed lawyer comply with? |
Lawyers must comply with Ethical and Professional Rules, see, http://www.gabar.org/barrules/ethicsandprofessionalism/index.cfm |
Do law firms need to receive a "license" (or permission/approval) to practice law? |
No |
Which authority issues licences? Are there different authorities for individuals and firms? |
Licenses are issued by the Supreme Court of Georgia. Firms are not licensed. |
Is the jurisdiction a member of the WTO? |
The US joined the WTO on 1 January 1995 |
Has it made any commitments under GATS in legal services? |
The USA has scheduled commitments for Georgia in mode 1 for the practice of home country law and international law (to the extent this is incorporated in home-country law). |
Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries? |
The US has bilateral agreements with: the Dominican Republic - Central America (CAFTA), Korea, North American Free Trade Agreement (NAFTA), Australia, Bahrain, Chile, Colombia, Israel, Jordan, Morocco, Oman, Panama, Peru and Singapore. It is currently negotiating new agreements with the EU (TTIP) and the Trans-Pacific Partnership. |
Do these currently include legal services or are there plans to include them in future? |
The NAFTA agreement calls for future negotiations on MRAs amongst the legal professions and lawyers are included in the professional visa programme. |
Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements? |
NAFTA lawyers have access to the professional visa program |
Are there any 'foreign law' firms present in this jurisdiction? |
The only "foreign" firms present in Georgia are DLA Piper and Dentons who are all established under the US arm of their Swiss vereins. |
Are there any explicit rules or restrictions other than visas on fly in fly out practice of law? Ie. Do you need to obtain a licence for temporary practice? |
Rule 5.5 adopted by Georgia Supreme Court on June 8, 2004 allows temporary practice of law by foreign lawyers. See http://www2.state.ga.us/Courts/Supreme/amended_rules/6_8_2004_order.htm |
Can a foreign lawyer obtain a visa to visit clients or to market but not to practice?
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Under the WTO commitments of the USA, an individual could practise law on a fly in fly out basis in Georgia provided they meet the requirements of the Georgia Bar for temporary practice. In addition. 'Service salespersons' are permitted to enter the USA for periods of up to 90 days. "Service salespersons" are "persons not based in the territory of the United States and receiving no remuneration from a source located within the United States, who are engaged in activities related to representing a services supplier for the purpose of negotiating for the sale of the services of that supplier where: a) such sales are not directly made to the general public and b) the salesperson is not engaged in supplying the service" Entry for persons named in this section is limited to a ninety-day period. |
Can a foreign lawyer obtain a licence to establish and practise as a foreign legal consultant and what is the scope of this limited licence?
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Yes. |
Are there any conditions that must be fulfilled once a foreign lawyer has been granted a limited licence (e.g. residency requirement) |
An FLC licensed in Georgia must abide by the code of conduct of the State Bar of Georgia. |
Are there any conditions that must be fulfilled for a foreign lawyer to qualify for a limited licence? (e.g. prior practice)
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Section 1. General Regulation as to Licensing of Foreign Law Consultants |
Are foreign lawyers permitted to undertake arbitration and mediation? |
Yes if, on a temporary basis the Foreign Lawyer performs services in this jurisdiction that: |
Are foreign lawyers allowed to appear in court under any circumstances? |
Georgia permits foreign lawyers to appear pro hac vice. |
Can foreign lawyers requalify as local lawyers? |
The Supreme Court amended its admission rules on December 12, 2002 to allow admission by motion.
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Can a foreign law firm obtain a licence to open an office? |
There are no separate licensing requirements for law firms. An FLC is permitted to open an office |
Even if a foreign law firm does not require a legal licence must they register in some form in order to set up an office? (e.g. with a ministry of company affairs etc) |
Not applicable |
Are there different types of foreign law firm 'licence' (e.g. Joint Law Venture, stand alone foreign licence etc) |
Not applicable |
Is there a quota on the number of licences available? |
Not applicable |
Are there geographical restrictions on foreign firm licences or on the number of branches a foreign firm can have? |
No |
Are there "scope of practice" rules that apply directly to foreign law firms (as opposed to lawyers themselves)? (e.g. home, host, international law), if so, what are they? | No |
Are there restrictions on the corporate form a foreign law firm can take? | Not applicable |
Are there rules about the name a foreign law firm can take?
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A lawyer shall not use a firm name, letterhead or other professional designation that violates Rule 7.1. A law firm with offices in more than one jurisdiction may use the same name in each jurisdiction, but identification of the lawyers in an office of the firm shall indicate the jurisdictional limitations on those not licensed to practice in the jurisdiction where the office is located. The name of a lawyer holding public office shall not be used in the name of a law firm, or in communications on its behalf, during any substantial period in which the lawyer is not actively and regularly practicing with the firm. Lawyers may state or imply that they practice in a partnership or other organization only when that is the fact. A trade name may be used by a lawyer in private practice if: The trade name includes the name of at least one of the lawyers practicing under said name. A law firm name consisting solely of the name or names of deceased or retired members of the firm does not have to include the name of an active member of the firm; and The trade name does not imply a connection with a government entity, with a public or charitable legal services organization or any other organization, association or institution or entity, unless there is, in fact, a connection. |
What entity grants a 'license' to a foreign law firm? If that entity is on the Internet, please provide the URL | Not applicable |
Are there restrictions on the ownership share of foreign lawyers in a law firm? |
No |
May a domestic lawyer be employed by a foreign lawyer or law firm? |
Yes - this is explicitly mentioned in the USA's schedule of specific commitments on legal services |
Can a domestic lawyer enter into partnership with a foreign lawyer? |
Yes - this is explicitly mentioned in the USA's schedule of specific commitments on legal services |
Can a domestic lawyer or domestic law firm employ a foreign lawyer? |
Yes |
Other useful sources or comments or links |
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Verified by |
Georgia State Bar Association (November 2013) |