Do you need a real estate attorney to close in Georgia?

What does the law actually require?

Two sources of law matter here.

The Code. O.C.G.A. § 15-19-50 defines the practice of law to include “conveyancing,” “the preparation of legal instruments of all kinds whereby a legal right is secured,” and “the rendering of opinions as to the validity or invalidity of titles to real or personal property.” Section 15-19-51(a) makes it unlawful for anyone other than a licensed attorney to “render or furnish legal services or advice.”

The Supreme Court. The Court says it has “inherent and exclusive authority to govern the practice of law in Georgia.” It wrote that “we have consistently held that it is the unauthorized practice of law for someone other than a duly-licensed Georgia attorney to close a real estate transaction or to prepare or facilitate the execution of such deed(s) for the benefit of a seller, borrower, or lender.” The deeds covered include warranty deeds, quitclaim deeds, security deeds and deeds to secure debt.

The Court also noted that the statute “does not control the practice of law in Georgia,” but is consistent with its holding. It rejected the argument that lay closings or “witness-only closings” would lower prices for consumers. Its reason: an attorney can be held accountable through malpractice or a bar disciplinary action, while “the public has little or no recourse if a non-lawyer fails to close the transaction properly.”

The exception: handling your own transaction

The Court’s opinion states that “non-lawyers may conduct pro se those transactions set out in OCGA § 15-19-50 and to which they are a party.” In plain terms, you may represent yourself in your own sale or purchase. The rule is aimed at people who close transactions for others.

What the closing attorney must do

The State Bar of Georgia’s Formal Advisory Opinions describe the lawyer’s role:

• Control from start to finish. The lawyer “must be in control of the closing process from beginning to end” (Formal Advisory Opinion 00-3, quoted in FAO 23-1). The lawyer cannot hand the closing to a non-lawyer.
• Supervision of staff. Paralegals may assist, but “the supervision of the paralegal must be direct and constant” (FAO 00-3, as quoted).
• Oversee the signing. FAO 13-1, as described in FAO 23-1, requires the lawyer to oversee and participate in “the execution of instruments conveying title.” The Court’s 2003 opinion rejected “witness-only closings,” where a notary or other non-lawyer presides over the signing “merely as a witness.”
• Video conference is allowed. FAO 23-1 (issued January 23, 2025) says a lawyer can meet these duties by video conference “so long as the lawyer is in control of the closing process from beginning to end.” The opinion defines video conference as a setup in which every participant can see, hear, speak to and show documents to the others in real time. After the State Bar filed it with the Supreme Court, the Court denied a petition for discretionary review on July 1, 2025. The opinion binds the State Bar, and the Court treats it as persuasive authority only.

Who conducts closings in practice?

Under these rules, the closing is run by, or under the direct control of, a licensed Georgia attorney. Staff can assist under direct, constant supervision, but the Supreme Court says a lawyer cannot delegate responsibility for the closing to a non-lawyer. Ask your lender, your agent or the law firm who the closing attorney is and whom that attorney represents.

A 2025 bill (Senate Bill 90) would write the ban on witness-only closings into the Code. Its text lists the Supreme Court’s closing opinions as the basis, but the Office of Legislative Counsel’s 2026 summary of enacted acts lists no change to § 15-19-50. The Court’s opinions remain the controlling rule.

What does the attorney’s work cost?

I found no official source that gives a typical Georgia closing-attorney fee, so none is stated here. The fee depends on the firm, the work included (title search, document preparation, closing and recording) and whether the buyer, the seller and the lender each have counsel. Ask for a written quote. The Loan Estimate and Closing Disclosure show the lender-required settlement charges; see closing costs in Georgia and the closing costs guide.

When is an attorney worth it anyway?

Even for the party who may legally go without one, a lawyer’s review is cheap insurance when there is an unusual issue: a title problem, a foreclosure or short sale, an estate sale, or a dispute over what the seller must disclose. The title insurance guide explains the policy that protects against hidden title defects.