Receivership
The State Bar of Georgia may petition the Supreme Court of Georgia to appoint a receiver when a lawyer is absent from the practice of law. If the Supreme Court determines that a lawyer is absent and no one else is available to notify the lawyer's clients and return client files and records, the court will appoint a member or members of the State Bar of Georgia to return the absent lawyer’s client files and records to clients.
Applicable Bar Rules
Georgia Rules of Professional Conduct, 4-228
General Procedures
If a lawyer becomes absent from the practice of law due to disbarment, indefinite suspension, illness, death, or is unable to be located, the lawyer's family, lawyer’s colleagues, or a client may request that the State Bar of Georgia investigate and determine if a receivership is appropriate.
If the State Bar of Georgia determines that a receivership is needed, it will petition the Supreme Court of Georgia to appoint a local lawyer willing to act as receiver or a staff attorney with the State Bar to serve as receiver. Once a receiver has been appointed, the State Bar will pay for a legal advertisement published in the legal organ where the absent attorney resides or practiced law, informing the public that the Supreme Court of Georgia has appointed a receiver and contact information for the receiver.
Frequently Asked Questions
A member of the State Bar of Georgia (or a Domestic or Foreign lawyer authorized to practice law in Georgia) who has disappeared, died, been disbarred, disciplined or incarcerated, become so impaired as to be unable to represent clients properly, or who poses such a substantial threat of harm to clients or the public.
The receiver shall be entitled to reimbursement for actual and reasonable costs incurred by the receiver. Please review Bar Rule 4-228(e) for more information.
No. A receiver only serves to notify clients and courts of the cabinet attorney and to return files, records and sometimes IOLTA funds to the absent lawyer’s clients. However, the receiver may represent an absent lawyer’s client or clients if they want the receiver to represent them and the receiver is willing to accept the representation. If the lawyer agrees to represent a client, that matter is removed from the receivership, and the receiver/lawyer becomes counsel for the client.
Once the receiver has completed the receivership, unclaimed files will be stored at the State Bar of Georgia. The State Bar of Georgia will arrange to transport the files to the State Bar headquarters in Atlanta, and will store the files for a reasonable period, typically six years from the date the file was closed. After such time has passed, the State Bar of Georgia may exercise its discretion to destroy the files by having the files shredded by a professional document destruction service.
If a receiver determines that an unclaimed file contains a Last Will and Testament, the receiver may, but shall not be required to do so, file said Last Will and Testament in the probate court in such county as the receiver deems appropriate.
Designated Attorney
Every State Bar of Georgia member receives an annual membership fee statement. On the statement is a place for a lawyer to designate an attorney to handle the wrap-up of their law practice if they become absent or unable to continue to practice law. Every lawyer should designate another lawyer to handle their client files if the lawyer becomes incapacitated or absent. Before naming a lawyer as your designated attorney on the membership fees statement, you must speak to the lawyer and get their permission to serve as your designated attorney.