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Ga. R. Prof. Conduct 3.9

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Rule 3.9 Advocate in Nonadjudicative Proceedings

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Rule Text

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.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

When a lawyer speaks to a lawmaking body or government agency on behalf of a client, but it's not a courtroom-style hearing, the lawyer has to make it clear they are there representing someone else. They can't pretend to be speaking just for themselves or as a neutral party.

The lawyer also has to follow the same honesty and fairness rules that apply in court. This means they can't lie to the tribunal, can't help a client lie, and have to correct false statements they may have made. They also can't destroy evidence, tell witnesses to avoid testifying, or try to improperly influence the people making decisions, like through bribery or backdoor contact.

If a lawyer breaks this rule, the most serious punishment they can get is a public reprimand. This is a formal public statement that the lawyer did something wrong, but it does not take away their license to practice law.

Committee Notes

[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.

← Previous Rule 3.8: Special Responsibilities of a Prosecutor Next → Rule 4.1: Truthfulness in Statements to Others

Cross-References

References (1)

Ga. R. Prof. C. Rule 3.3

Bluebook Citation

Ga. R. Prof. Conduct 3.9

This Rule Set

View All Ga. R. Prof. C. Rules

Last updated: August 2026

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