Advisory Opinion Briefs Preview

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 client’s confidences without the client’s consent?; (2) Is it ethically appropriate for an attorney to obtain, at the direction of a non-client, a client’s consent to share confidences with an outside auditing firm?; and (3) May a lawyer accept direction from a non-client regarding the lawyer’s 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 Court’s invitation at the oral argument."