Rule 33.4.Relationship Between Defense Counsel and Client
Rule 33. PLEADING BY DEFENDANT · Not amended since adoption on record · Last verified July 17, 2026
In one sentenceRule 33.4 places the choice to plead guilty or nolo contendere in the defendant’s hands alone, calling on defense counsel to secure the client’s agreement before concluding any plea deal and to research the case and lay out the options before offering advice.
Full Text of Rule 33.4
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(A) Defense counsel should conclude a plea agreement only with the consent of the defendant, and should ensure that the decision to enter or not enter a plea of guilty or nolo contendere is ultimately made by the defendant.
(B) To aid the defendant in reaching a decision, defense counsel, after appropriate investigation, should advise the defendant of the alternatives available and of considerations deemed important by him in reaching a decision.
Plain-English Summary
Rule 33.4 draws a clean line between what a lawyer can decide and what belongs to the client. Whatever ground the defense lawyer covers during negotiation, the final call on a plea deal stays with the defendant — counsel should lock one in only once the client has signed off on it.
To reach that decision, the defendant needs real information, not a lawyer’s guess. The rule tells defense counsel to dig into the case first, then walk the defendant through the choices available and whatever considerations counsel views as significant. The defendant weighs that advice and makes the call.
This division of labor keeps the lawyer in an advisory role while leaving the decision that carries the defendant’s constitutional rights — plead guilty, plead nolo contendere, or go to trial — where it belongs.
Frequently Asked Questions
Who ultimately decides whether to accept a plea agreement?
The defendant. Rule 33.4(A) puts the final choice on whether to plead guilty or nolo contendere in the defendant’s hands, not counsel’s.
Can defense counsel finalize a plea agreement without the client’s approval?
No. Rule 33.4(A) says a plea deal should be locked in only once the defendant has agreed to it.
What must defense counsel do before advising a client on whether to plead?
Carry out appropriate investigation into the case first, per Rule 33.4(B).
What is defense counsel supposed to tell the defendant to help with the plea decision?
The choices available and whichever considerations counsel views as important to weighing them.
Does Rule 33.4 apply to both guilty pleas and nolo contendere pleas?
Yes — it covers whether the defendant chooses either kind of plea, or neither.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
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