Rule 4-221.2 Burden of Proof; Evidence

When a lawyer is accused of breaking ethics rules, the State Bar of Georgia has to prove the case. This means the lawyer being investigated doesn't have to prove they did nothing wrong. Instead, the Bar must bring enough evidence to support the charges. The only exception is for cases handled under Rule 4-106, which deals with lawyers who have been convicted of certain crimes.

Once the case moves forward after a finding of "probable cause" (meaning there's enough evidence to proceed with formal charges), the case follows the same evidence rules used in regular civil court cases in Georgia. However, the Bar faces a higher standard than in a typical civil case. Instead of just proving something is "more likely true than not," the Bar must show "clear and convincing evidence." This is a tougher standard to meet, though it's still not as strict as the "beyond a reasonable doubt" standard used in criminal cases. This higher bar exists because a lawyer's career and reputation are at stake.