2021 Georgia Code
Title 15 - Courts
Chapter 19 - Attorneys
Article 3 - Regulation of Practice of Law
§ 15-19-50. "Practice of Law" Defined

The practice of law in this state is defined as:

1. Representing litigants in court and preparing pleadings and other papers incident to any action or special proceedings in any court or other judicial body;
2. Conveyancing;
3. The preparation of legal instruments of all kinds whereby a legal right is secured;
4. The rendering of opinions as to the validity or invalidity of titles to real or personal property;
5. The giving of any legal advice; and
6. Any action taken for others in any matter connected with the law.

(Ga. L. 1931, p. 191, § 2; Code 1933, § 9-401; Ga. L. 1937, p. 753, § 1; Ga. L. 1976, p. 1511, § 1.)

- For annual survey article on legal ethics, see 56 Mercer L. Rev. 315 (2004). For annual survey of construction law, see 57 Mercer L. Rev. 79 (2005). For comment on Florida Bar v. Town, 174 So.2d 395 (Fla. 1965) as to unauthorized practice of law, see 17 Mercer L. Rev. 322 (1965). For comment on Georgia Bar Ass'n v. Lawyers Title Ins. Co., 222 Ga. 657, 151 S.E.2d 718 (1966), discussing constitutional permissibility of legislative definition of practice of law and suggesting solutions to unauthorized practice of law, see 18 Mercer L. Rev. 486 (1967).

JUDICIAL DECISIONS

Refusal to allow representation by out-of-state counsel.

- Inasmuch as the practice of law includes the giving of legal advice, a trial court does not err in refusing to allow an out-of-state attorney to sit at counsel's table or talk to defense counsel during the trial, especially since there is no guarantee that a defendant can be represented by out-of-state counsel. Williams v. State, 157 Ga. App. 494, 277 S.E.2d 781 (1981).

- Probation officer who was an employee of a private corporation retained to provide probation supervision services in misdemeanor cases pursuant to O.C.G.A. § 42-8-100(f)(1) (now (g)(1)) was still an officer of the court and could file a petition to revoke defendant's probation on a misdemeanor shoplifting charge; probation officer's action did not constitute the practice of law, let alone the unauthorized practice of law. Huzzie v. State, 253 Ga. App. 225, 558 S.E.2d 767 (2002).

- Trial court did not abuse the court's discretion in granting a motion in limine in a legal malpractice action to exclude a purported expert witness on the standard of care in a real estate transaction, under former O.C.G.A. § 24-9-67.1 (see now O.C.G.A. § 24-7-702), because the witness, although a member of the state bar, was not then engaged in any activities that constituted practicing law in Georgia under O.C.G.A. § 15-19-50. Although the witness worked as a merchant in a family-owned wholesale equipment distribution business, at the relevant time, the witness did not represent the company or any other litigant in court, did not prepare deeds or other conveyance documents, did not search property title records or issue an attorney's title certificate, and did not perform the legal tasks inherent in closing real estate transactions. Wilson v. McNeely, 307 Ga. App. 876, 705 S.E.2d 874 (2011).

Cited in Dixon v. Reliable Loans, Inc., 112 Ga. App. 618, 145 S.E.2d 771 (1965); In re Clarkson, 125 Ga. App. 481, 188 S.E.2d 113 (1972); Green v. Caldwell, 229 Ga. 650, 193 S.E.2d 847 (1972); Rary v. Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973); Huber v. State, 234 Ga. 357, 216 S.E.2d 73 (1975); Smith v. Nations, 147 Ga. App. 623, 249 S.E.2d 676 (1978); In re Dowdy, 247 Ga. 488, 277 S.E.2d 36 (1981); In re Nichols, 248 Ga. 254, 282 S.E.2d 341 (1981); United States v. Allen, 699 F.2d 1117 (11th Cir. 1983).

OPINIONS OF THE ATTORNEY GENERAL

Duties of district attorney constitute practice of law.

- Although a solicitor general (now district attorney) has only the state for a client in the performance of the attorney's public duties, the solicitor general is necessarily a "partisan in the cases" when appearing on behalf of the state; these duties do constitute the practice of law. 1965-66 Op. Att'y Gen. No. 66-189.

RESEARCH REFERENCES

Am. Jur. 2d.

- 7 Am. Jur. 2d, Attorneys at Law, §§ 1, 119 et seq.

- 7 C.J.S., Attorney and Client, §§ 2, 29 et seq.

- Practicing or pretending to practice law without authority as contempt, 36 A.L.R. 533; 100 A.L.R. 236.

What amounts to practice of law, 111 A.L.R. 19; 125 A.L.R. 1173; 151 A.L.R. 781.

Services in connection with tax matters as practice of law, 9 A.L.R.2d 797.

Drafting, or filling in blanks in printed forms, of instruments relating to land by real-estate agents, brokers, or managers as constituting practice of law, 53 A.L.R.2d 788.

Trust company's act as fiduciary as practice of law, 69 A.L.R.2d 404.

Right of attorney admitted in one state to recover compensation for services rendered in another state where he was not admitted to the bar, 11 A.L.R.3d 907.

Representation of another before state public utilities or service commission as involving practice of law, 13 A.L.R.3d 812.

Activities of law clerks as illegal practice of law, 13 A.L.R.3d 1137.

Qualification as expert to testify in legal malpractice action, 82 A.L.R.6th 281.