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In re formal Advisory Opinion No. 13-1

Supreme Court of Georgia

September 22, 2014

In re FORMAL ADVISORY OPINION NO. 13-1

Formal Advisory Opinion.

Paula J. Frederick, General Counsel State Bar, John J. Shiptenko, Assistant General Counsel State Bar, for State Bar of Georgia.

Bondurant, Mixson & Elmore, Jeffrey O. Bramlett, for Georgia Real Estate Closing Attorneys Association.

Dickenson Gilroy, Monica K. Gilroy, for Real Property Law Section.

OPINION

Per curiam.

On October 23, 2013, the Formal Advisory Opinion Board issued Formal Advisory Opinion No. 13-1, which was filed in this Court on January 21, 2014. See State Bar Rule 4-403 (d). On May 19, 2014, we granted the State Bar of Georgia's petition for discretionary review. See id. After considering the record and the State Bar's brief, we hereby approve Formal Advisory Opinion No. 13-1, which is attached to this opinion as an appendix.

Formal Advisory Opinion 13-1 approved. All the Justices concur.

APPENDIX

STATE BAR OF GEORGIAISSUED BY THE FORMAL ADVISORY OPINION BOARDPURSUANT TO RULE 4-403 ON OCTOBER 23, 2013FORMAL ADVISORY OPINION NO. 13-1

QUESTIONS PRESENTED

1. Does a Lawyer[1] violate the Georgia Rules of Professional Conduct when he/she conducts a " witness only" real estate closing?

2. Can a Lawyer who is closing a real estate transaction meet his/her obligations under the Georgia Rules of Professional Conduct by reviewing, revising as necessary, and adopting documents sent from a lender or from other sources?

3. Must all funds received by a Lawyer in a real estate closing be deposited into and disbursed from ...


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