§ 10-1-424-1 — False solicitations regarding legal services prohibited; required rules and regulations concerning legal services solicitations; civil penalties

Georgia § 10-1-424-1

• Jurisdiction: Georgia
• Title: 10

Text

(a) As used in this Code section, the term: (1) "Duly licensed attorney at law" means a person authorized to provide legal services in this state. (2) "Legal services" means acts recited in Code Section 15-19-50 and in subsection (a) of Code Section 15-19-51 . (3) "Media" means any publication, including, but not limited to, any radio or television advertising device, public outcry, proclamation, internet search engine advertisement, or any other such manner or means of public outreach. (4) "Solicit" means actions taken directly or indirectly to perform or to do anything of any nature whatsoever to induce the public to enter into any obligation relating thereto. (b) It shall be unlawful for any person, firm, association, or corporation to solicit in any media regarding the provision of legal services by: (1) Misrepresenting the true nature of its business by use of the words "legal services," "practice of law," "law firm," "attorney," "attorney at law," "lawyer," or equivalent terms in any language in such manner as to convey the impression that such person, firm, association, or corporation is entitled to practice law or is entitled to furnish legal advice, services, or counsel; (2) Representing itself as providing legal services or use the words "practice of law," "law firm," "attorney," "attorney at law," "lawyer," or equivalent terms in any language in such manner as to convey the impression that such person, firm, association, or corporation is entitled to practice law or is entitled to furnish legal advice, services, or counsel, unless such person is a duly licensed attorney at law; (3) Representing that any person featured in media for legal services is licensed to practice law in this state when such person in such media is not a duly licensed attorney at law, even if such representation is made by a person featured in such media, who is not a duly licensed attorney at law, employs a person who is a duly licensed attorney at law; or (4) Otherwise failing to disclose or otherwise provide qualifying language that accurately reflects the legal services, abilities, practice areas, scope of work, success rate, claim or case management and oversight, or fees of a person. (c) The State Bar of Georgia shall promulgate rules and regulations relative to soliciting in any media regarding the provision of legal services. Such rules and regulations shall include, but shall not be limited to, the following: (1) Prohibitions against and penalties for false representations, misrepresentations, and misleading claims covered by this Code section; (2) A requirement that each solicitation include the disclosure of the location of the principal place of business of the soliciting person, firm, association, or corporation; (3) A prohibition against depicting an individual who is not employed by the soliciting person, firm, association, or corporation as being so employed or in such a manner that a reasonable person could believe such individual is so employed; provided, however, that such prohibition shall not apply to depictions of individuals who are immediate family members of the soliciting person or immediate family members of individuals employed by the soliciting firm, association, or corporation; (4) A prohibition against depicting an individual who is not a client of the soliciting person, firm, association, or corporation as being such a client or in such a manner that a reasonable person could believe such individual is such a client; provided, however, that such prohibition shall not preclude sponsorships with local organizations or the depictions of such sponsorships by the soliciting person, firm, association, or corporation; and (5) A requirement that disclosures provided for in such rules and regulations shall comprise no less than 10 percent of the total composition of the solicitation. (d) (1) The State Bar of Georgia, any member of the State Bar of Georgia in good standing, such member's firm, association, or corporation, or any individual who sees or hears a solicitation that violates this Code section or any rule or regulation of the State Bar of Georgia promulgated pursuant to this Code section, shall have a cause of action against the soliciting person, firm, association, or corporation for violating this Code section or any rule or regulation of the State Bar of Georgia promulgated pursuant to this Code section. (2) A soliciting person, firm, association, or corporation found by a court of competent jurisdiction to have violated this Code section or any rule or regulation of the State Bar of Georgia promulgated pursuant to this Code section shall be liable for a civil penalty in the amount of $10,000.00 per violation. (3) A successful petitioner shall be entitled to reasonable attorney's fees, expert witness costs, and other costs necessary to bring a cause of action under this subsection. (e) For purposes of this Code section, the term "soliciting person, firm, association, or corporation" shall mean only the individual or entity seeking to market legal services and not the owner of any media that displays or otherwise publishes such solicitation.

Legislative History

Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024. Amended by 2024 Ga. Laws 605,§ 1, eff. 7/1/2024. Added by 2023 Ga. Laws 77,§ 2-2, eff. 5/1/2023, app. to contracts entered into on and after 5/1/2023; and not applicable to contracts entered into before 5/1/2023; provided, however, that any contract in violation of the provisions of Part II of this Act entered into before 5/1/2023 shall be void after the initial period set forth in such contract and shall not be renewed or otherwise extended on terms in violation of Part II of this Act.