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The Georgia Dispossessory Reference
Practice · Procedure · Perspective
Module 06 · Speaking & Advising

Using this material in workshops and consulting.

This module addresses how to use the publication in professional settings — workshops, consultations, investor education — without crossing the line into the unauthorized practice of law. It is written for non-attorney educators and for attorneys who want to stay clearly on the educational side of a blended engagement.

Reading · 13 minReview questions · 5Prerequisite · Modules 1—5

Learning objectives

  • Distinguish legal information from legal advice in a teaching context.
  • Structure a workshop or consultation that stays on the educational side of the line.
  • Draft appropriate disclosures and engagement letters for mixed audiences.
  • Recognize the situations in which an educator must decline to continue without a referral to counsel.

6.1   Information, not advice.

Legal information — statutes, procedures, general principles — is available to anyone and may be taught by anyone. Legal advice — the application of the law to a specific party's specific facts with a recommendation — is the practice of law, and in Georgia it is reserved to licensed attorneys.

The distinction is not always crisp at the margin, but the practical rule is clear. Teaching a room of forty landlords about the demand requirement under O.C.G.A. § 44-7-50 is information. Telling a particular landlord what to write in her particular demand letter to her particular tenant is advice.

Workshops, booklets, courses, and group consultations can stay on the information side of the line if they are organized around the statute and procedure rather than around specific cases. One-on-one consultations are harder to keep on the information side; the moment a specific fact pattern enters the room, the pull toward advice is strong.

6.2   Structuring a workshop.

A workshop that uses this publication can move safely through its material on three principles:

  1. Teach the statute, not the case. The content is the procedure; the examples are illustrative, not diagnostic.
  2. Do not answer specific questions about pending matters. When a participant raises a live case, the right answer is: "Here is the procedural framework; you should discuss the facts of your case with counsel."
  3. Disclose the educational scope in writing. The registration page, the slide deck, and the workshop materials should state that the content is educational and not legal advice.

6.3   One-on-one consulting.

A one-on-one consultation with a landlord or tenant about their specific situation is the hardest setting to keep on the information side of the line. A non-attorney can discuss general procedure and direct the party to resources, but should not draft case-specific documents, interpret specific leases, or recommend specific litigation choices.

A practical structure for non-attorney advisors is to offer two distinct service categories:

A clear engagement letter that defines the scope and disclaims legal advice is a meaningful protection. It also protects the client, because it makes explicit what the client should seek counsel for.

6.4   For attorneys running educational programs.

Attorneys using this publication in educational programs face a different problem: audience members may assume an attorney-client relationship from context. Disclosure at the start of every program, in writing and orally, is the standard protection. So is the discipline of routing specific questions to paid consultations or referrals.

Mixed engagements — where an attorney speaks at a workshop and then accepts clients from the audience — can be structured lawfully, but the transition between the two modes should be explicit and documented.

6.5   When to stop teaching and make a referral.

There are specific situations in which any educator — attorney or not — should step back from the teaching posture and make a direct referral to counsel:

6.6   A model disclosure.

The following language, adapted, is appropriate for workshop materials, booklet pages, and consultation engagement letters:

This material is educational. It describes Georgia dispossessory procedure at a general level. It is not legal advice, does not create an attorney-client relationship, and should not be relied on as a substitute for advice from Georgia counsel on specific facts. Laws and procedures change; anyone with a live matter should consult qualified counsel before acting.

A disclosure does not immunize bad practice. But it clarifies what the relationship is and what it is not, and it gives participants the information they need to decide when to engage counsel.

Takeaways. Teach the statute, not the case. Disclose educational scope in writing. Refer out when facts enter the room. A clear engagement letter protects both sides.

6.7   Review

What is the core distinction between legal information and legal advice?
Legal information describes the law at a general level; legal advice applies the law to specific facts with a recommendation. The latter is the practice of law.
What is the safest structure for a non-attorney workshop on dispossessory procedure?
One organized around the statute and procedure, illustrative rather than diagnostic, with written disclosure of educational scope.
Why is a written engagement letter useful in non-attorney operational consulting?
It defines scope, disclaims legal advice, and clarifies for the client what should be routed to counsel.
Name two situations in which an educator should stop teaching and refer the participant to counsel.
An active case with a deadline inside the week; any fair-housing, Section 8, or disability issue; any case with a material money claim or counterclaim.
Does a disclosure immunize bad practice?
No. It clarifies the relationship and the scope of the service, but it does not substitute for keeping the practice on the correct side of the line.

Educational publication. This material is not legal advice and does not create an attorney-client relationship. Georgia landlord-tenant law and court procedure change; any reader facing a pending matter should consult qualified Georgia counsel before acting.