Ga. R. Prof. Cond. 3.9

As amended through October 9, 2024
Rule 3.9 - Advocate in Nonadjudicative Proceedings

A lawyer representing a client before a legislative or administrative tribunal in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of Rules 3.3(a) through (c) , 3.4(a) through (c) , and 3.5 .

The maximum penalty for a violation of this rule is a public reprimand.

Ga. R. Prof. Cond. 3.9

Comment

[1] In representation before bodies such as legislatures, municipal councils, and executive and administrative agencies acting in a rule making or policy making capacity, lawyers present facts, formulate issues and advance argument in the matters under consideration. The decision making body, like a court, should be able to rely on the integrity of the submissions made to it. A lawyer appearing before such a body should deal with the tribunal honestly and in conformity with applicable rules of procedures.

[2] Lawyers have no exclusive right to appear before nonadjudicative bodies, as they do before a court. The requirements of this rule therefore may subject lawyers to regulations inapplicable to advocates who are not lawyers. However, legislatures and administrative agencies have a right to expect lawyers to deal with them as they deal with courts.

[3] This rule does not apply to representation of a client in a negotiation or other bilateral transaction with a governmental entity; representation in such a transaction is governed by Rules 4.1 through 4.4 .