ᲐᲓᲕᲝᲙᲐᲢᲗᲐ ᲞᲠᲝᲤᲔᲡᲘᲣᲚᲘ ᲔᲗᲘᲙᲘᲡ ᲙᲝᲓᲔᲥᲡᲘᲡ ᲛᲔ-8 ᲛᲣᲮᲚᲘᲡ ᲛᲔ-15 ᲜᲐᲬᲘᲚᲘᲡ ᲛᲔ-2 ᲬᲘᲜᲐᲓᲐᲓᲔᲑᲘᲡ ᲰᲔᲠᲛᲔᲜᲔᲕᲢᲘᲙᲘᲡᲐᲗᲕᲘᲡ

ანოტაცია

The paper focuses on the lawyer’s right protected by the Code of Professional Ethics for Lawyers of Georgia (second sentence of Section 15 of Article 8) – upon termination of defending the client’s interests, out of the funds to be returned to the client, to deduct the fee for services rendered and expenses incurred before terminating the client-lawyer relationship, as well as on the content and scope of this right, the opinions expressed by the Ethics Commission, the practice of the Disciplinary Chamber of the Supreme Court of Georgia and the foreseeability of the norm are discussed. In interpreting the standard, the Ethics Commission takes liberties
and changes its content in such a way that it transforms the lawyer’s right into an obligation. The wording of the second sentence of Section 15 of Article 8 of the Professional Ethics Code of Lawyers is not exhaustive, the literal and objective definition does not allow for such a broad interpretation that the obligation to return the funds should be extended to the lawyer’s unearned fee and advance fee. As a result of a comparative study, it can be said that within the framework of the current edition – under “to return funds” it does not include the obligation to return the lawyer’s unearned fee and advance fee and it is necessary to formulate the article with a new wording.