Title 33, Chapter 24, Section 53
( 33-24-53)
(a) In a claim arising out of a motor vehicle accident, a lawyer
shall not compensate or give anything of value to a person or
organization to recommend or secure his employment by a client, or
as a reward for having made a recommendation resulting in his
employment by a client; except that he may pay for public
communications permitted by Standard 5 of Bar Rule 4-102 and the
usual and reasonable fees or dues charged by a bona fide lawyer
referral service operated by an organization authorized by law and
qualified to do business in this state; provided, however, such
organization has filed with the State Disciplinary Board, at least
annually, a report showing its terms, its subscription charges,
agreements with counsel, the number of lawyers participating, and
the names and addresses of lawyers participating in the service.
Upon conviction of an offense provided for by this subsection, the
prosecutor shall certify such conviction to the disciplinary board
of the State Bar of Georgia for appropriate action. Such action may
include a suspension or disbarment. (b) With respect to a motor vehicle insurance benefit or claim, a
health care provider shall not compensate or give anything of value
to a person to recommend or secure the provider's service to or
employment by a patient or as a reward for having made a
recommendation resulting in the provider's service to or employment
by a patient, except that the provider may pay the reasonable cost
of advertising or written communication as permitted by rules of
professional conduct. Upon a conviction of an offense provided for
by this subsection, the prosecutor shall certify such conviction to
the appropriate boards for appropriate action. Such action may
include a suspension or revocation of the health care provider's
license. (c) With respect to a motor vehicle accident, no employee of any law
enforcement agency shall allow any person, including an attorney,
health care provider, or their agents, to examine or obtain a copy
of any accident report or related investigative report when the
employee knows or should reasonably know that the request for access
to the report is for commercial solicitation purposes. No person
shall request any law enforcement agency to permit examination or to
furnish a copy of any such report for commercial solicitation
purposes. For purposes of this subsection, a request to examine or
obtain a copy of a report is for "commercial solicitation purposes"
if made at a time when there is no relationship between the person
or his principal requesting the report and any party to the
accident, and there is no apparent reason for the person to request
the report other than for purposes of soliciting a business or
commercial relationship. All persons, except law enforcement
personnel and persons named in the report, shall be required to
submit a separate written request to the law enforcement agency for
each report. Such written request shall state the requestor's name,
address, and the intended use of the report in sufficient detail
that the law enforcement agency may ascertain that the intended use
is not for commercial solicitation purposes. The law enforcement
agency shall file each written request with the original report. No
person shall knowingly make any false statement in any such written
request. (d) A person may not receive compensation, a reward, or anything of
value in return for providing names, addresses, telephone numbers,
or other identifying information of victims involved in motor
vehicle accidents to an attorney or health care provider which
results in employment of the attorney or health care provider by the
victims for purposes of a motor vehicle insurance claim or suit.
Attempts to circumvent this Code section through use of any other
person, including, but not limited to, employees, agents, or
servants, shall also be prohibited. This provision shall not
prohibit an attorney or health care provider from making a referral
and receiving compensation as is permitted under applicable
professional rules of conduct. (e) Any person who violates any provision of this Code section shall
be guilty of a misdemeanor involving moral turpitude. |