sb41.html

09 LC 34 2033

Senate Bill 41

By: Senator Harp of the 29th

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to attorneys, so as to provide for legislative findings; to regulate and impose conditions on attorneys that advertise on television in the State of Georgia; to provide for a penalty; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

The General Assembly recognizes and declares that the attorney-client relationship is a sacrosanct one in which the client is entitled to faithful and zealous counsel and representation, as pronounced by the Supreme Court of Georgia and the State Bar of Georgia. The General Assembly also recognizes the right of attorneys under existing law to advertise their services on television. Further, the General Assembly finds a legitimate and compelling need to enact the following provisions in order to preserve the sanctity of the attorney-client relationship, as well as the duty of faithful and zealous representation and counsel.

SECTION 2.

Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to attorneys, is amended by adding a new Code section to read as follows:

"15-19-55.1.

(a) In any attorney television advertisement in the State of Georgia:

(1) The face and voice appearing in the advertisement shall be of a duly licensed attorney;

(2) The advertisement shall visually and audibly state whether the advertising attorney is licensed to practice in the State of Georgia;

(3) The advertisement shall visually and audibly state the name, city, county, and state of the principal residence of the advertising attorney;

(4) Any advertising disclaimers currently required, or subsequently enacted, by the State Bar of Georgia shall be visually and audibly stated in the television advertisement; and

(5) The type size of the required visual displays shall be no smaller than one-fifth of the projected television screen image.

(b) Any attorney who secures a client through television advertising shall personally consult with the client:

(1) At the time of signing any attorney-client representation and fee agreement;

(2) To obtain authority to engage in presuit settlement efforts and to conclude presuit settlements; and

(3) To discuss and counsel the client regarding whether a lawsuit should be filed.

(1) Shall personally consult with the client to answer and certify necessary discovery responses, as required by Chapter 11 of Title 9, the 'Georgia Civil Practice Act';

(2) Shall act as lead counsel or co-lead counsel in the case and so indicate by signature on all pleadings, discovery responses, motions and responses, and pretrial submissions; and

(3) Absent good cause shown to the trial court and an order obtained thereon, shall personally appear at all depositions, motion hearings, pretrial conferences, and the trial of the action.

(d) No settlement agreement involving a client represented by an attorney who secured the client through television advertising shall be binding on any party unless:

(1) The advertising attorney and the client each certify in writing and under oath that the advertising attorney personally consulted with the client regarding the advisability of settlement and obtained the express authority of the client to enter into the settlement; and

(2) The certifications required by paragraph (1) of this subsection include the date, time, and method of personal consultation between the attorney and the client.

(e) Any settlement agreement entered into in violation of subsection (d) of this Code section shall be voidable by the client, at the client's sole election, for any or no reason, for a period of one year following the purported settlement, upon written notice by the client to the advertising attorney.

(f) In order to determine whether the client was secured through television advertising, any attorney who advertises his or her services on television shall have each client certify in writing, at the time of signing any representation agreement, whether the employment was influenced, in whole or in part, by virtue of any television advertisement. If the answer is affirmative, subsections (b) through (e) of this Code section shall apply, and the attorney shall explain these provisions to the client and deliver a copy of these provisions to the client at the time the representation agreement is executed. These requirements shall apply to any client represented by the advertising attorney and extend for a period of two years following the last television advertisement shown in the State of Georgia. For compliance purposes, these records shall be maintained throughout the representation and for a period of four years following the conclusion of the representation. The records shall be subject to audit by the State Bar of Georgia."

SECTION 3.

Said chapter is further amended by revising subsection (a) of Code Section 15-19-56, relating to the penalty for prohibited conduct, as follows:

"(a) Any person, corporation, or voluntary association violating Code Section 15-19-51, 15-19-53, 15-19-54, or 15-19-55, or 15-19-55.1 shall be guilty of a misdemeanor."

SECTION 4.

This Act shall become effective on July 1, 2009.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.