2021 Georgia Code
Title 14 - Corporations, Partnerships, and Associations
Chapter 10 - Professional Associations
§ 14-10-2. Definitions

As used in this chapter, the term:

1. "Professional association" means an unincorporated association, as distinguished from a partnership, organized under this chapter for the purpose of rendering one type of professional service.
2. "Professional service" means the personal services rendered by attorneys at law and any type of professional service which may be legally performed only pursuant to a license from a board pursuant to Title 43, for example, the personal services rendered by certified public accountants, chiropractors, dentists, osteopaths, physicians and surgeons, and podiatrists (chiropodists).

(Ga. L. 1961, p. 404, § 2; Ga. L. 2000, p. 1706, § 21.)

- Professional associations engaged in practice of professional engineering or land surveying, §§ 43-1-24,43-3-5,43-3-21 et seq., and43-11-47(a)(7).

JUDICIAL DECISIONS

"Professional" defined for malpractice act.

- The legislature intended for the term "professional" as used in O.C.G.A. § 9-11-9.1 to be defined by O.C.G.A. §§ 14-7-2(2),14-10-2(2), and43-1-24. Gillis v. Goodgame, 262 Ga. 117, 414 S.E.2d 197 (1992).

O.C.G.A. § 9-11-9.1 applies only to those licensed professions regulated by state examining boards when licensure is predicated upon successful completion of the specialized schooling or training necessary to obtain the expertise to practice that profession. Harrell v. Lusk, 263 Ga. 895, 439 S.E.2d 896 (1994).

- Based upon the statutory definition of professional service, a pest control company's control and treatment of wood destroying organisms is a profession for purposes of filing a professional malpractice action. Colston v. Fred's Pest Control, Inc., 210 Ga. App. 362, 436 S.E.2d 23 (1993).

Cited in Carolina Cas. Ins. Co. v. R.L. Brown & Assocs., F. Supp. 2d (N.D. Ga. Sept. 29, 2006).

RESEARCH REFERENCES

Am. Jur. 2d.

- 6 Am. Jur. 2d, Associations and Clubs, § 1 et seq. 7 Am Jur 2d Attorneys at Law § 133. 16 Am Jur 2d Constitutional Law § 508. 18 Am Jur 2d Corporations § 43. 18A Am Jur 2d Corporations § 724.

- What constitutes professional services within meaning of statute preserving individual liability of professional employees of professional corporation, association, or partnership, 31 A.L.R.4th 898.