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The GDLA provides Advisory Opinion
Briefs which avaialable to the GDLA membership at no cost.
Here are synopses of a number of recent briefs...
GDLA submits this amicus curiae brief in
support of the Proposed Formal Advisory Opinion, Request Number 99-R2
"In Georgia, there is a
tripartite relationship among the insured, defense counsel and insurer.
This tripartite relationship has worked well for many years, without
the need for intervention by this Court. That is because, historically,
insurers have recognized that the attorney's primary duty of loyalty
is to the insured, and they did not attempt to significantly interfere
with the lawyer's exercise of independent judgment on behalf of the
insured. In recent years, however, insurers have increasingly interfered,
seeking to impose rules, guidelines, audits, billing sanctions and
other devices on defense attorneys..."
Zurich Insurance Company Comments
"... The Board
has posed three questions in the PFAO: (1) Can an
attorney ethically reveal to an outside auditor a
clients confidences without the clients
consent?; (2) Is it ethically appropriate for an attorney
to obtain, at the direction of a non-client, a
clients consent to share confidences with an
outside auditing firm?; and (3) May a lawyer accept
direction from a non-client regarding the lawyers
billings or the services the lawyer renders? The Board
answered the first two questions in the negative and
answered the third question in the qualified
affirmative..."
AIC Comments
"... Should it
be ratified in its present form by the Georgia Supreme
Court, the FAO has significant potential of unsettling
the existing and future contractual rights of both
insurers and insureds in the State of Georgia...."
99-R2 Comments by F. Gregory Melton &
POWELL, GOLDSTEIN, FRAZER MURPHY LLP
"... Letter
Brief, Amicus Curiae, in Support of the Proposed Formal
Advisory Opinion, Request Number 99-R2... counsel for the
Georgia Defense Lawyers Association and in response to
the Courts invitation at the oral argument."
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