33-24-53
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33-24-53.
(a)
In a claim arising out of a motor vehicle accident, a lawyer shall not
compensate or give anything of value to a person or organization to recommend or
secure his employment by a client, or as a reward for having made a
recommendation resulting in his employment by a client; except that he may pay
for public communications permitted by Standard 5 of Bar Rule 4-102 and the
usual and reasonable fees or dues charged by a bona fide lawyer referral service
operated by an organization authorized by law and qualified to do business in
this state; provided, however, such organization has filed with the State
Disciplinary Board, at least annually, a report showing its terms, its
subscription charges, agreements with counsel, the number of lawyers
participating, and the names and addresses of lawyers participating in the
service. Upon conviction of an offense provided for by this subsection, the
prosecutor shall certify such conviction to the disciplinary board of the State
Bar of Georgia for appropriate action. Such action may include a suspension or
disbarment.
(b)
With respect to a motor vehicle insurance benefit or claim, a health care
provider shall not compensate or give anything of value to a person to recommend
or secure the provider´s service to or employment by a patient or as a
reward for having made a recommendation resulting in the provider´s service
to or employment by a patient, except that the provider may pay the reasonable
cost of advertising or written communication as permitted by rules of
professional conduct. Upon a conviction of an offense provided for by this
subsection, the prosecutor shall certify such conviction to the appropriate
boards for appropriate action. Such action may include a suspension or
revocation of the health care provider´s license.
(c)
With respect to a motor vehicle accident, no employee of any law enforcement
agency shall allow any person, including an attorney, health care provider, or
their agents, to examine or obtain a copy of any accident report or related
investigative report when the employee knows or should reasonably know that the
request for access to the report is for commercial solicitation purposes. No
person shall request any law enforcement agency to permit examination or to
furnish a copy of any such report for commercial solicitation purposes. For
purposes of this subsection, a request to examine or obtain a copy of a report
is for 'commercial solicitation purposes' if made at a time when there is no
relationship between the person or his principal requesting the report and any
party to the accident, and there is no apparent reason for the person to request
the report other than for purposes of soliciting a business or commercial
relationship. All persons, except law enforcement personnel and persons named in
the report, shall be required to submit a separate written request to the law
enforcement agency for each report. Such written request shall state the
requestor´s name, address, and the intended use of the report in sufficient
detail that the law enforcement agency may ascertain that the intended use is
not for commercial solicitation purposes. The law enforcement agency shall file
each written request with the original report. No person shall knowingly make
any false statement in any such written request.
(d)
A person may not receive compensation, a reward, or anything of value in return
for providing names, addresses, telephone numbers, or other identifying
information of victims involved in motor vehicle accidents to an attorney or
health care provider which results in employment of the attorney or health care
provider by the victims for purposes of a motor vehicle insurance claim or suit.
Attempts to circumvent this Code section through use of any other person,
including, but not limited to, employees, agents, or servants, shall also be
prohibited. This provision shall not prohibit an attorney or health care
provider from making a referral and receiving compensation as is permitted under
applicable professional rules of conduct.
(e)
Any person who violates any provision of this Code section shall be guilty of a
misdemeanor involving moral turpitude.