In re Formal Advisory Opinion 24-1
The State Bar of Georgia asked the Supreme Court of Georgia to review Formal Advisory Opinion 24-1, which addresses whether lawyers may use third-party vendors, often chosen by an insurer paying for the defense, to request, follow up on, and obtain medical and other records from nonparties under the Civil Practice Act. After the Bar’s comment process, the Court granted discretionary review and, in a unanimous per curiam decision, approved the advisory opinion. The approved opinion concludes that lawyers may rely on such vendors as nonlawyer assistants, but only if the lawyer retains the right and ability to direct and supervise the vendor’s work and remains responsible for it. A lawyer may not begin or continue the arrangement if it would interfere with competent representation or independent professional judgment, and a lawyer paid by an insurer or other third party may not follow a direction to use a vendor that the lawyer reasonably believes will compromise that judgment. If the client or insurer and the lawyer cannot agree on whether a vendor allows the lawyer to meet ethical obligations, the lawyer should withdraw, and time spent supervising the vendor is professional work rather than clerical work.
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