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ml State Bar E!I of Georgia
Professional Liability Insurance Committee
AGENDA
July 17, 2020
Zoom meeting
I. Welcome & Introductions (Twyman)
(Twyman)
JI I. Discussion Items (Frederick)
a. Judge Edwards' email and survey results
b. PL! options
c. Voting and Recommendations Options
d. Future meeting dates
i. August 18 or 19 via Zoom for vote
LY~. A<ii.ill!!'!l
Page Nos .
2-3
4-12
13-20
2020-2021
Professional Liability Insurance
This special committee will study and make recommendations to the Executive Committee and Board of
Governors on issues concerning lawyers' professional liability insurance.
Chairperson
Christopher Paul Twyman, Rome 2021
Member
Sarah Brown Akins, Savannah 2021
Kimberly Cofer Butler, Savannah 2021
Gregg Jarvis Conley, Atlanta 2021
Stephanie Kirijan Cooper, Birmingham 2021
J. Hamilton Garner, Moultrie 2021
Brandon Cory Goldberg, College Park 2021
Warren Raymond Hinds, Roswell 2021
Kenneth Bryant Hodges, Ill, Atlanta 2021
Linley Jones, Atlanta 2021
Herman Maddox Kilgore, Marietta 2021
David Neal Lefkowitz, Athens 2021
Daniel James O'Connor, Vidalia 2021
Dennis C. Sanders, Thomson 2021
Toronda Michelle Silas, Atlanta 2021
R. Gary Spencer, Atlanta 2021
Shannon McKenzie Sprinkle, Atlanta 2021
Meredith Wilson Sutton, Marietta 2021
Executive Committee Liaison
David S. Lipscomb, Lawrenceville 2021
Staff Liaison
Paula J. Frederick, Atlanta 2021
- 1 -
Professional Liability Insurance Committee Meeting of January 10, 2020
Atlanta, Georgia
MINUTES
The meeting was called to order at 2:05 p.m.
Attendance:
Committee m mber : Christopher P. Twyman, Sarah Akins, Christy Childers (phone), Gregg
Conley, .I. Hamilton Garner (phone), Brandon Goldberg, Warren Hinds, Kenneth B. Hodges, lll,
Linley Jones, Herman Kilgore, David Lefkowitz (phone), Daniel J. O'Connor, Dennis Sanders,
Toronda Silas (phone), R. Gary Spencer, Shannon Sprinkle, and Meredith W. Sutton.
E ·e utive Comm. Liaison: David S. Lipscomb
~J£ff: Jeff Davis, Paula .I. Frederick, Jenny K. Mittelman, William NeSmith. Andreca Morrison,
and Katbya S . .Jackson.
Guest: Justice Robert Benham.
Approval of Meeting Minutes:
The Committee approved the Minutes from the December 4, 2019 meeting.
Informational Item:
Report from Gregg Conley, Insurance and Safety Fire Commissioner's Office Gregg Conley reported that if professional liability insurance is mandated:
• Attorneys that currently have insurance will not see a significant change in their premiums. • Attorneys who have been practicing law for a long Lime and never had insurance, will
probably have a higher premium. • Attorney who takes a risk assessment course, that is approved by the insurance company,
will see a reduction in their premium. • There are insurance products available for small firms and solo practitioners that are
discounted, provided certain conditions are met.
PLI January 10, 2020 Minutes
- 2-
Discussion Items:
The Committee reviewed the changes to all 4 options. The changes remove language that requires lawyers to give policy information or to maintain proof of insurance and added new provision requiring the lawyer to produce the information if the Bar requests it. The exceptions were added to all 4 options.
The Committee discussed adding two other options: • None o I' the above • Information gathering
After discussion the Committee did not vote to add either option.
The Committee discussed holding a town hall meeting in Macon in March 2020.
Possible meeting dates for February, April and May will be circulated via email.
The meeting adjourned at 3: 10 pm.
PLI January 10, 2020 Minutes
-3-
From: Chris Edwards <[email protected]>
Sent: Tuesday, June 9, 2020 4:59 PM
To: [email protected]; Dawn M. Jones; '[email protected]'; Sally Akins;
[email protected]; [email protected]; [email protected];
[email protected]; [email protected]; kharris@epra- law.com;
.. ~bfJ.?..1Y_@f.!!.ilQ_~rsmcca in .. co1n; f:)Con [email protected]; skcooper@southe mco ,~_Q_.QJ;
jt1g_(ir__O£.L@yY-~g<.J@_~ co rri; warren hi ndsla w@grn a i I .corn; Un le y_@Jjr)J~yj9r:_ig_~,\.Q.Q1;
kilgore [email protected]; @!@lefkowitzfi rrn.com; cl jo @bryantocon 11Ql~.Qff1.; Q~9. fJQ ~C~~.f@\Q .. ff1C~!..:Df!; [email protected]; [email protected]; ssprinkle@csl I.law; [email protected];
[email protected]; Paula Frederick
Cc: Kaye - Office; Taylor Wood; Chris Edwards
Subject: Professional Liability Insurance Survey
Friends:
I conducted an anonymous survey through SurveyMonkey with Bar members in the Griffin ,Judicial Circuit to get feedback on how I should vote on the issue of Professional Liability Insurance (PLI). The attorneys being surveyed were provided with the Bar's own summary of the four options before taking the survey. Your summary was objective, not pushing any outcome, as I read it.
The results are a combination of the anonymous survey responses and a fe,-v email responses from those eschewing the Survey Monkey response format . Those emailed responses included recitation of oft heard arguments. For example, some members of the Criffin Judicial Circuit Bar suggested I do nothing, hovvever, I understand that doing nothing is not one of the options posed by the Bar.
Option 1: 27% Option 2: 9% Option 3: 18% Option 4: 40.9%
It seems the PU discussion has slowed, with no majority emerging, in part because we have four options presented. As one acquainted with building consensus vvithin institutions, sometimes a principled fresh decisional framework and method can move the discussion forward. I suggest you consider suggesting that other Board members try th is survey method and survey their constituencies, perhaps with the advance disclosure, like mine, that a directly representative vote of the majority or plurality SlH\·ey response may be expected. Of course, that is up to each Board member. I'm sending you exactly what I sent out to my constituents for your consideration, but they vvould do vvell to make theirs shorter. If they lack an email list vvithin their circuit, their chief judge can usually provide the email list, or maybe the Bar can advise on filtering to create circuit by circuit email lists to Board members.
Chief Judge Christopher C. Edwards Cell: 770-823-6115 Office: 770-716-4275
- 4 -
Gmail - Yo,H survey votG . ple <ise!
Grnail Taylor Wood <[email protected]:>
Your survey vote, please!
Taylor Wood <[email protected]> Fri, May 8. 2020 at 3:56 PM To: [email protected]. [email protected]. Adam Nagel <[email protected]>, Adam St1oemaker <[email protected]>. Alan Connell <[email protected]>. Alex Dolhancyk [email protected]:>. Alexandre Kachm <[email protected]> . Allsha Thompson
<[email protected]>. Allen Adams <[email protected]> . Allen McDuffie <[email protected]>, All ie Edwards <[email protected]>, Alonzo Bentley <[email protected]>, Alvah Pasley <[email protected]>, Amil Johnson <[email protected]>, Andrew Valli <[email protected]>. Angela Hamilton <[email protected]>, Angela Landgaard <[email protected]>_ Anissa Pallon <[email protected]>, Anita Clark <[email protected]>. Anita Price <[email protected]:>. Anne Myers <[email protected]::-, Annette Strong <[email protected]>. Arthur Moss <c [email protected]>. Ashton Fall in <[email protected]> "B. Murphy o:· <[email protected]::- . Ben Coker <[email protected]>. "Ben Miiier, Jr" <[email protected]>. Beri Musgrove <[email protected]>. Ben Smrtn [email protected]> . Benjamin Terry <[email protected]>. Bill Dallas <[email protected]>, Bill Johnson <;[email protected]>. Bill Johnston <w)[email protected]::... Billy Maddox <bi [email protected]> . Bob Ruppen(hi'll <[email protected]>. Brandon Cline <[email protected]>. Brandon Taylor <blaytor@webblirm.com>. Bree Lowry <:[email protected]>. Brennan McDowell <[email protected]>, Brent Hutcllison <[email protected]>. Bridge Ile Palmer <[email protected]>, Caldwell & Irwin <[email protected]>, Camille Heath <[email protected]> Carma McCallie <mccallte_law@bellsoutll .net>, C<i therine Baity <catherine®abhemlaw.coni:>. Catherine Sanderson <[email protected]> . Calherine Semler -ccs@wtldc law.net>. Ct1ao Nuce <[email protected]>, ChClrles Ballard <[email protected]>, Charles Jones David -qones@becko ven.com>, Charlie O' eill <charlesboneill @art. net>, Charlorte Thacker <[email protected]::- , Chiara LrncJley-Myers <n 21awr.:6@y;:ihoo.com>, Chris Brown <[email protected]>. Chris Edwards
christopherct)::[email protected]>. Chris Harris csharris@tlarris-harrislaw. co m>, Chris Ramig <[email protected]>, Christy Dunkelberger <[email protected]>. Cl1risly Jindra < [email protected]>. Chuck Sylvester <[email protected]>. Cindy Manning <[email protected]>, Claude Pacquin <[email protected]:> . Clay Collins <[email protected]>. Clin t Barbour <cl [email protected]>. Colleen Golden <[email protected]> . Corlis Cummings [email protected] >, Cynthia Plunkett <[email protected]:> . Daniel Gibbs <[email protected]>. Daniel
H1, ti <[email protected]>. David Bal lard <[email protected]> . David Brisendine • re<l [email protected]> . David Dunaway <[email protected]::- , David Dunham <[email protected]::-. Oav1Cl Moor .::[email protected] . David Moulds <[email protected]>, Dawn Lewis <[email protected]>. Deann Wheeler <[email protected]> . Deborah Floyd <[email protected]>, Deborah Temples <dlemple @wwUaw.com::-. Debra Dutton <[email protected]::>, Dennis Davenport <[email protected]>, Derrick Johnson <[email protected]>. Dexter Wimbish <[email protected]>, Dick Collier <[email protected]>, Dinah Rainey <[email protected]> , Doc Upshaw <[email protected]>, Don Germano <[email protected]>, Don Hawbaker <[email protected] , Don Johnson <[email protected]>, Don Snow <[email protected]>, Donald Comer <[email protected]>, Donald Horace <donaldhorace@hotm;iil.com>. Donna Gopaul <[email protected]>. Doug Wamer <[email protected]!>. Douglas Tingle <[email protected]>. "Douglas Wilde A." ' daw@wr ldelaw.net>. Drew Whalen.:[email protected]> _ Dwayne Singleton <[email protected]>. Echols Law <[email protected]> Ed Bullard <[email protected]>. Elizabeth Ray <[email protected]>. Emily Franke <ern1ly [email protected]> . Eric Hearn <oldmaster30204@hotmaiLcom>. Enc Maxwell <[email protected]>, Erin Chustz <thechuslzlawfirm@attnet>. Ernest Tate <[email protected]>, Eugene Dabbs <[email protected]>. Felisa Harris <fh::[email protected]>, Fernanda Hottle <fern<inda@hot11elaw. om>. "Forrest Watson A." <Forrest@forres twatson.com . Frank Harper <[email protected]>, Gary Chapman <[email protected]>. Gary Lawson <[email protected]:> . Gary Stiner <[email protected]>. Gera ld Dodson Alan q [email protected]>. Ginny Duhan <[email protected] t>. Glen Burn <[email protected]>, Glen Jnrrell Michael <9Jarrell@gma1Lcorn>. Greg Rogers <[email protected]>. "Griffin Howell E.'' <[email protected]>. Harriett AbuBakr <[email protected]>. Harry Chartes <hcllarles@gap blicdefender.org> . Hearh En glish <[email protected]>. Heather Dognazzi <[email protected]> . Heather Karrh <[email protected]>, Heather Loridas <[email protected]>. Heather Ryfa <[email protected]>. Holly Peace <l1pea [email protected]>, lvars Lacis <[email protected]:>. "J. Fowler David" <[email protected]>, "J_ Kalamaro Daniel" <[email protected]>, "J_ Kim" <[email protected]>, "J. Up on Michael" <[email protected]"' . Jack Overman <[email protected]>, Jacquelyn Ftirnber <[email protected]>, James Baker <[email protected]> . James Biles <[email protected]>. James Clifton <[email protected]> . James Dallon <[email protected]>. James Dutton <james:@jamesrdutton.com>. J<w:es Hollin <[email protected]>. James Stanley <[email protected]::- . James Webb <[email protected]>, Jamie
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fi '3!2020 Grnail - Yo1;1 swvey vote. please!
lnagawa <[email protected]>. Janice Wallace <[email protected]>. Janis Jones <[email protected]>, Jason Cramer <[email protected]>. Jason Schultz <[email protected]>. Jciy Cl1C1ndler <[email protected]>, Jeffery Moulds <[email protected]>, Jeffrey Ellington <[email protected]>. Jeffrey Reeves <[email protected]>. Jessica Asbill <[email protected]>. Jessica O'Connor Whatley <[email protected]>. Jim Bischoff <bischoff.jim [email protected]>. Jim Fortune <jforlune@beckowen_com>, Jim Hendrix <[email protected]>, Jim Peavy <[email protected]>, Jim Westbury <[email protected]>, Jim Whitlock <ATI [email protected]>. Jody Sellers <[email protected]>. "John Joiner P.'' <[email protected]>, John Kimbell <[email protected]>, John McGinn <jcmcginnO [email protected]>, John Merrels <[email protected]>, John Mrosek <[email protected]>, John Ne1Nton <Jin [email protected]>. John Stanley <[email protected]> , John Tri<::e Edward <[email protected]>. John Wright <[email protected]>, Jonathan Wade <[email protected]> , Jordan Jewkes <[email protected]>, Jorge Carabajal <[email protected]>, Joseph De Pew <[email protected] , Joseph Myers <[email protected]>. Joyce Bussey <[email protected]>.Judge Brown-Valencia Kathy <[email protected]>, Judge Edwards <[email protected]>, Judge Ingram Marcia Calloway <[email protected]>. Judge Jackson Ann <annj@fa~1ellecounlyga.gov". Judge Murray Charles <[email protected]>, Judge Sams <[email protected]>, Judge Thompson Jason <jthompso @·ayellecountyga.gov> . Judge White James <[email protected]>, Judy Chidester <[email protected]>, Judy Hor man <[email protected]>, J\Jslin Grubbs <[email protected]>. Justin Guido Michael <[email protected]>, Justin Thrailkill <[email protected], "Karen Fite-Matthews E." <[email protected]> , Karen Gainey <[email protected]>, Karl Broder <[email protected]>, Kathy Harringlon <[email protected]>. Kriye - Office <[email protected]>. Kevin Hun Ray <[email protected]>. Kevin Parker <[email protected]>. Kimberley Clark <[email protected]>, Kimberly Gross <[email protected]>. Kyle King <[email protected]>, Lance McMillian <[email protected]>. Lance Owen <[email protected]>. Larkin Lee <[email protected]>, Larry Evans Keith <[email protected]>, Laurel Johnson <[email protected]>, Lauren Sprayberry <[email protected]>, Lee Mason <[email protected]>, Leonard Presberg <[email protected]>, Lesley Dinoff <[email protected]>, Leslie Wade <[email protected]>, Ligi George <lig1yc@gmail .com>, Linda Wells <[email protected]>, Lisa lnagawa <[email protected]>, Lisa Loftin <[email protected]=-. Lisa Richardson <[email protected]>. Lloyd Walker <::killk.ubota@i'lol. com>. Lorraine Hayes <! [email protected]> , Lou Thacker [email protected];'. Lucinda Dallas <lucindrid;:[email protected]> , Lura Landis <[email protected]>, Lynn Wendt <[email protected]>, Marcia Moran <[email protected]>, Maria Santiago-Warren <[email protected]>, Marian McDonald <[email protected]>. Marie Broder <rnbi·[email protected]>, Mark Irvin <[email protected]>, Mark Oldenburg <molde11b:irg@oldenburglaw corn=>, Mark Peek <[email protected]>, Mark Ski bi el <[email protected]> . Mary Kirby Lynn <[email protected]>, Mart Harr; s <[email protected]>. Matt Ramsey <[email protected]>, Matthew Johnson <Joi1nsonma tr'@gmail.com>. Matthew Mallory mmallory@mal lorylrice.com> , Melanie Nrchols <[email protected]>, Melinda Whillock <[email protected]>, Melissa Orme <[email protected]>. Mel issa Sanford <[email protected]. Melvin White <at!ymelv1nwhite@aol .com>. Meredith McClure <[email protected]>. Michael Brennan <:[email protected]> . Michael Burnett <[email protected]> . Mictwel Dawson Ryan [email protected]>, Michael Newton <rntnewton@grnail .com>, Michele Lord <mlord@lawyer. 1:orn> . Michele Oqletree <[email protected]>, Mike Hofnchler <[email protected]> . Mike Maxwell <[email protected]>, Mike McElroy <[email protected]>. Mike Rogers <[email protected]> . Mindy Hooper <[email protected]>, Monica Hamlett <[email protected]>. Morgan Kendrick <[email protected]>. Muriel Montia <[email protected]>, Nail ah McFarlane <grant_law@bellsouth .net>, Natrille Temples <[email protected]>, Newton Galloway <[email protected]>, Nie G.reco <[email protected]>. Nicholas Garcia <npgarciaO [email protected]>, Nick Granade <[email protected]>. Nick Kaigler <[email protected]>. Pamela Patterson <[email protected]>, Paschal English <[email protected]>. Pat Fox <[email protected]>, Patricia Buttaro <[email protected]>, Patrick S~1ept1 erd <[email protected]>. Patrkk Stougr1 <[email protected]>. Paul Cognac <pmcognac@gmail .com>. Paul Donahue <vrna 311 [email protected]>, Paul L1sto11 <[email protected]>. Penny Ammons <[email protected]>, Peter Weisz <[email protected]>.Phil Coe <[email protected]> Phil Grant ·~ppgr;,[email protected]>. Phillip Brooks <phillipebrooks@bellsouth net">, Quinton King <2kingmonl@bellsou:h.net> R;:;ct1el o· Toole <[email protected]>. f~andall F~oberts <[email protected]>. Rebecca Kozyck1 <[email protected]>. Rebekah Betsill <[email protected]>, Regine Eugene-Bu1·ke <[email protected]> . Reid Turner <[email protected]:>. Rhonda Kreuziger <[email protected]>, Richard Bishoff <[email protected]>, Richard Hobbs <[email protected]>. Richard Lord <[email protected]>. Rick Lindsey <[email protected]>, Ricky Bradley <[email protected]>. Rob Morton <[email protected]>, Robert Black <[email protected]>, Robert Goldberg <[email protected]>, r~obe11 Jaeckel <qjaeckel@earthlink net>. Robert Lester <rlester123@aol .com >. Robert Smith <rwsm ith@pacga org>. Ron ~)m1th <[email protected]>, Ronald Barfield <[email protected] > Ror'.11iE~ M.:cib1a <ronn1e@mabraf1rlll .colll>, Roy Huff <[email protected]> . RudJard Hayes <[email protected]>. Ryan Johnson <[email protected]>. Salena Gordon <[email protected]>. Sallianne Harclwick Prolhro <[email protected]>. Sam Beck <[email protected]>. Sam Murray <[email protected]>, Scott Ballard <[email protected]>, Shane Smith <[email protected]>, Sharon Law <[email protected]>, Shaion Pie1ce <[email protected]>, Shawn Elzie <[email protected]>, Sheila Huddleston
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'"
6/8/2020 Gmail - Your survey vote. pleasel
<[email protected]>, Sheila Rambeck <[email protected]>, Skyler Taylor <[email protected]>, Stacy Morris <[email protected]>, Stephanie Windham <[email protected]>, Stephen Ott <[email protected]>, Steve Kiser <[email protected]>, Steven Jones Lewis <[email protected]>, Susan Baudhuin <[email protected]>, Susan Bentley Smith <[email protected]>, Susan Brown <[email protected]>. Susan Jones <[email protected]>, Tammy Griner <lgriner [email protected]>, Tara Moulds <[email protected]>, Terri Lynda II <[email protected]>. Terry Long <[email protected]>, Thomas Guzzo <[email protected]>, Tim Baynt1am <[email protected]>, Tim Cramer <[email protected]>, Tim Shepherd <[email protected]>, Tina Richards Marie <[email protected]>, Todd Harding <[email protected]>, Tom Cook <[email protected]>, Tom Lacy <[email protected]>, Tom Morgan <[email protected]>, Tom Morton <[email protected]>, Tom Tierney <[email protected]>, Tommy Ison <[email protected]>, Tracy Waldrop Trite <[email protected]>, Travis Johnson <[email protected]>, Trinh Nguyen <[email protected]>, Truitt Mallory <[email protected]>, Van Vandiver <[email protected]>, Vicky Farrell <[email protected]>, Vilma Rodriguez <[email protected]>, Virgil Brown <[email protected]>, Virginia Martin <[email protected]>, Walker Chandler <[email protected]>. Warren Sellers <[email protected]>, Wayne Charles <[email protected]>, Wayne Howell <[email protected]>, Wilhelmenia DeVone-Harvey <[email protected]>, William Cook <[email protected]>, Zachary Davis <[email protected]>
Griffin Judicial Circuit Counsel:
It has heen my honor to represent you on the State llar Board of Governors for just over one year. First, I offer a prngress report on my service to you. Second, I seek your anonymous advice by survey response on a major Boar<l vote on nrnndiltoiy professional liability insurance (PLI) covernge.
l ran not \,rrite to you without mentioni11g our situation . !~'"''Y•' ring requires social interacrinn , su this is probably thr most difficult time of your kg;il l'arPf'r \.Ve ;1re ;l\,·arc that manv lawyers have not taken in any new dicnts in the last couple months. We arc trusting and obeying our Supreme Court's evolving directions on moving toward resuming a new form of normalcy in providing dnc process. \"1/e have no foresight when that wiU occur.
As a cin:uit we are grateful for the addition of our two new Superior Com1judges, ,Judge Coker and Judge Miller. As your chief ju<lge in my twenty-second year as your Superior Court judge, I am delighted to see the bright future of our circuit taking form. No date is yet set for Judge Miller's investiture. Nonetheless, yesterday we sent you our calendar fur July through Dect•mber. My thanks to my former staff altorrH:') Kyle Timmons for writing all I he case assignment docnmcnlation and crcatinp, the case assignment distribution for the transition to five judges. many months ago, and to 111)' current staff attornc)· Taylor Wood for making needed re\'isions including the calendar you wen: sent yesterday.
Fl RST, THE L\.ST YEAR Since beginning service on the Hoard of Governors, 1 have proposed a major rewrite, including the official commentary you see as part of the revised rule, copy attached, of Uniform Superior Court Rule 3.3 regarding case transfer. J also serve on the Board of the General Practice and Trial Section of the State Bar, and that Board has also been supportive uf this revisiun. The revision has passed first reader in the Uniform Rules Committee, on which I also serve, of the Council of Superior Court .Judges. Tt is up for second reader vote in August. If passed, and then approved by the Supreme Court, it becomes law. This rcv'ision reconcile.<; the extant law ofjudi<:ial disqualification with the transfer rule. protecting you and your clients.
I hav~ published two articles in the last yellr, one in the l!11lton Daily Report regardini; attorney foe contral'ts and the ullier in the Georgia Courts .Journal regarding a Superior Court judge's election day duties. Please consider amending your fee contract as the attached article below suggests. You will efficiently but professionally innease your collection of attorney fees.
ln the p:1st year f have spoken at four legal conferences including three one-hour CLE presentations for members of the bar to attain credit for their professionalism hour: - Ccor~ia EMC Counsel Association Meeting, on Professionalism, ,June 2019:
- National Association of Court .'v1aoagers (NACY!) Annual Meeting, plenary session, introducing Dr. Will Simmons at his investiture as President of NACl\ll, .July :w19; - l·';1yr>tte lfar Association Annual CJ.Eon Prnfcssioanlism Odober 2019; and - Stale Bar uf C~orgia, General Practice and Trial Section Annual Seminar, on Professionalism, March 2020.
The Board of <~ovcrnors decided at the last meeting that Bar dues would not be increased because the State Bar received a grant I voted with the majority to terminate some lesser nones~entiaJ programs of the Bar to cut costs. It still appears the Bar will be seeking an indefinite dues increase next year due to operating c:osts. The B<ir notifies yo\I cll!'cclly of other clrnnges, so l won't redundantly recite those here. ·
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G/8/2020 Grrail - Your survey vote, please'
YOLIR GUIDANCE, PLEASE.
A~ I came on the Board of Governors, debate raged on whether Georgia lawyers in private practice shou1d be required to buy $100,000 of PLI eoverage. As a late-comer to this debate, the committee was formed and the options defined, without my participation. r have not yet spoken or cast any vote on the issue, because I want to hear from you first. Soon, the Huard of Governors will be voting amoni; four options.
I would like your opinion, to inform my vote. The proposed options are de-Scribed in the survey below, from the attached Ilar memo. There is only one question contained in the survey. Please complete the anonymous survey linked below regarding attorney insurance by May 31, 2020.
h ttps ://www.surveyrnonkey.com/r /3VXK9MZ
Of course, Twill publish the survey results. Thank you for your participation.
Chief Judge Christopher C. Edwards 770-716-4275
Taylor Wood Staff Attorney I Honorable Christopher C. Edwards Superior Court I Griffin .Judicial Circuit On e Center Drive, Fayetteville, GA 30~14 Email: [email protected] I Phone: (770) 716-4276
2 attachments
tj PUSummary_Options_Circult.pdf 220K
----···-~·-
~ Fulton Daily Report - Fee Contract Article.pdf 848K
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Attorney Liability Insurance
1. Below are the options being presented by the Professional Liability Insurance Committee of the State Bar of Georgia on the issue of mandatory insurance coverage for attorneys. Please select which option you
believe is the best.
Option 1 would require all lawyers in private
practice to disclose on their dues state111e11t
whether
they are covered by a malpractice insurance
policy. The info1·mation would be published in
the
member's listing in the online Membe1-
Directory. Lawyers in private p1·actice who fail
to disclose would
go out of good standing on Sept. 1 of the Bar
year, which is the same date that n1embers
who do not pay
their license fee s cease to be in good
standing. To return to good standing the
member would need to
make the disclosure to the Membership
Department of the Bar. Lawyers who do ha.ve O of 1 answerec.fld cove1·age wou
-9-
not be required to provide information about
the insurance company, policy number or
policy limits.
Option 2 would include all of thE~ prnvisions
of Option 1, with an additional provision
encouraging lawyers who are not covered by a
PLI policy to take a free voluntary self
assessment course provided by the Bar online
and designed to evaluate th e lawyer's
practice for the risk of malpract ice. The
assessment would be modeled on one used in
Colorado. Members could receive CLE credit
upon completion of the course. The results
would be confidential and members would
rece ive information about re so urces to help
reduce risk of a malpractice claim.
. . Option 3 would include all of the provisions
of option 1 and 2, with two changes: 1) the
self.-assessment course (Proactive
Management-Based Assistance) would be
mandatory for all lawyers who are not coverd
by a PLI policy, and 2) the information would
not be published on the website. If the lawyer
failed to make the disclosure or, if not
covered, to either complete the assessment
or to obtain coverage within one year of the
required disclosure date, he or she would go
out of good standing.
Option 4 is the proposal that requires
lawyers in private practice to be covered by a
Rldifpaii~y,-.eWel
-10-
have amended the provision that required the
coverage to be non-eroding so that it would
only apply to
policies with minimal limits. This option would
require lawyers to obtain or be covered by a
PLI policy
and to report that fact to the Bar on the dues
statement. Members who do not corn ply
would go out of
standing as of Sept. 1 of the Bar year.
DONE
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ti\ SurveyMonkey See how easy it is to create_a survey.
Privacy & Cookie Policy
0of1 answered
-11-
6/9/2020
Shure Li ri k
Attorney Liability Insurance - Responses I SurvayMonkey
Attorney Liability Insurance
Q1 ,.-·, ··-:···
Below are the opt ions being presented by the Professional Liability Insurance Committee of the State Bar of Georgia on the issue of mandatory insurance coverage for attorneys. Pl ease select which op t io n you beliP- vP- is th e best. Acsw~r~d: 40 Skipped: O
Option 1 would require all ..
Urninr'~ woi:•.d ;r'lclvde ~~ii .•
Opl n'l J ...,,,-,;Jld includt: .:1.d .. ,
Oi;-U•>n:. i.s th!? ~;cpO~ l
O'·/~ IO'Yo
ANSWER CHOICES
)Q"/o ':IJ% 70-Ya
Opf1on 1 would require all lawyers in private practice to disclose on their dues statement whetherthey are covered by a malpractice insurance policy. The infarmarion would be published in thememb•?r"~ lis.ting in the online Member Dire-ctory Law~1 P.1s in pri'1atc pract:cc whc fail to disclose wouldgu out of good sl<lnding on Sepl. 1 ol the- Oar yt:.ar, wt-.ich is i:ht! :>ame dale Lhal members who Co 1101
paytheir license feP.~ CP.aSP. rn h~ ir~ eo(ld Strlrfling To return CO good Stftndlng thP. m~mber would nc-ed to •nake th~ disclosure le tne t-itemb._.rship Departrnen ~ of lhc (far Lawyecs w-;o do have ~fr/Ctagl! wour~not be ,~quired tc, prm,:dl' •riformt:tli<> fl about lhe insurar . .;e company, policy rium~HH or p.:iliq· limils
Optio'l 2 would ind..:dc alt d th~ pruvh:dun:s ut Ootiun 1, ,...i"t'"I Jn M1d1t1on<:.~ provision
encoura,ging lawyers who am not covcr..icl 11y il PLI ;:Jolicy to tnke a lr~e volu:itary s11lfa&.sessmen l CClLl(Sl:" provided Cy tile Brff on;ine and dest_gned lL> ev3\uate lhe lawye('S practice for che risk 01 malpractice The <3Ssessment would be modeled on one used in Colomdn. Merobers covld receive CLE credit upon complet'1o n of the course The ftlSuits would be confit.hmtial and memb<!rS would rccl'ive information al.Juul resources co help reduce risk of a malpractice ciaim.
Op~ion 3 would ;nc;ludc Jll 0f t:ic proviti!un:; o( opliur 1a.nd2. with tW'J chung~~ : 1) lhe !:.elf-c.1sst:;srnenL CO·.J1 5e (P·oact ve Mani.1g2r'1E-nr~Basea Assistance) wou:d be
mano~t:><)' or all :awy~rs who a •e ·· ~l c =''"'c t·1 • PLI pohcy, lnO ?) 1he rn!or1nat1on ~ouhJ 1iut !Jc µul>l'1sruJC on lhC web~•tc Uthe !awyer ta··ht'J fO 1ll:l:'<t ~he U• ~::losure or, if ; .')l co ~· ered. lo c1lh , c:om.,te1t- lhe ~\t)<1rn~ •H or LO ubta10 c;~vcrabt- w1~f1 in or~e year of the re(1,uu,~<! ;.fsdosure rJatt' . I"": •~ 01 sh<~ .vould go w;t :1
1 g<mc slaPtl:ng.
Opt1u11 ~ ;s the proµo~~t that r~qui<es I wre•S In p11val~ ,,,.~ l ic e 10 °" C~\·er~cJ h~ a PLI po1k y Vlchav~ "n1~ nl.l ed lh• poows Ort th31 requ w~<l t h~ <Ove1'l!ge lo t.oc non· crlltling so t har l! would (lr>ly •pply 1upotlcie~ wltn n1lnlmal limits. This option wC.Jld ro qulrc la.l''YC'' 10 obtaiu or bu covered by• PLI po~cyontl 1(1 tepot t !Ml flcl to 1hc Da• on 1he du~s stal dn>en\'. Mcmbt1s who do 1101 ~on,ply would so ou1 ors1a~di11s as of Sepl. l of the llar year.
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RESPONSES
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OPTION l
Mandatory Disclosure Requirement
4 Ruic 1-210. ProfessionaJ Liability Insurance
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(a) Each active member of the State Bar of Georgia engaged in the private practice of
law in Georgia shall disclose on the annual license fee statement whether the member has
professional liability insurance.
(b) The following members shall be exempt from the requirements of this rule:
(1) Members who are employed by a governmental entity or other
organization and whose practice is limited to matters concerning the entity or
organization;
(2) Members whose practice consists solely of serving as an arbitrator or
mediator; and
(3) Members who are nol actively engaged in the practice of Jaw or who do
not represent clients.
(c) Each member who has previously reported being covered by professional liability
insurance shall notify the State Bar of Georgia in writing in such form and manner as the
Board may designate within 30 days if the insurance policy providing coverage lapses,
terminates, or is no longer in effect for any reason.
(d) The information required by this Rule shall be publicly available and included in the
member's listing in the Member Directory on the official website of the Slate Bar of
CJeorgia. Each lawyer ' s insurance status shall appear in the State Bar Member Directory
as "covered," "not covered," or "exempt."
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( e) Each member shall provide the State Bar of Georgia with confirmation of coverage
upon request.
(t) The information required by this Rule is due on July l of each year. A member
who does not comply with the requirements of the Rule by September J shall cease to be
a member in good standing. A member deemed not to be in good standing under this
Rule shall be returned to good standing upon making the disclosure required in subpart
(a) to the Membership Department of the State Bar of Georgia.
Pl. i options as of Juiy 2020
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OPTION 2 Mandatory Disclosure Requirement with Voluntary Assessment
37 Hui e J-210. Disclo ure of Profe ional Liability In urance
38 (a) Each year, every member of the State Bar of Georgia shall certify:
39 1) Whether the member is engaged in the private practice of law; and
40 2) Whether the member is currently covered by a policy of professional liability
41 msurance.
42 (b) The following members shall be exempt from the requirements of this rule :
43 ( I) Members who are employed by a governmental entity or other
44 organization and whose practice is limited to matters concerning the entity or
45 organization;
46 (2) Members whose practice consists solely of serving as an arbitrator or
47 mediator; and
48 (3) Members who are not actively engaged in the practice of law or who do
49 not represent clients.
50 (c) Each member who has previously reported being covered by professional liability insurance
51 as set forth in paragraph (a)(2) of this Rule shall notify the State Bar of Ci eorgia in writing in
52 such form and manner as the Board may designate within 30 days if the insurance policy
53 providing coverage lapses, terminates, or is no longer in effect for any reason.
54 (d) The information required by this Rule shall be publicly available and included in the
55 member ' s listing in the Member Directory on the official website of the State Bar of Georgia.
56 Each lawyer's insurance status shall appear in the State Bar Member Directory as "covered,"
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57 "not covered," or "exempt." Each member shall provide the State Bar of Georgia with
58 confirmation of coverage upon request.
59 (e) The State Bar of Georgia encourages those members who do not have a policy or
60 professional liability insurance to complete the Bar's voluntary online self-assessment of the
61 operation of their law practice and to avail themselves of the resources which it recommends to
62 address any deficiencies identified by the self-assessment.
63 (f) The information required by part (a) of this Rule is due on July 1 of each year. A member
64 who docs not comply with the requirements of the Rule by September 1 shall cease to be a
65 member in good standing. A member deemed not to be in good standing under this Rule shall be
66 returned to good standing upon making the disclosure required in subpart (a) to the Membership
67 Department or the State Bar of Ceorgia.
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PL! opklns as of Ju!y 2020
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69 OPTION 3
70 Mandatory Disclosure Requirement with Mandatory CLE for Lawyers Without Insurance
71 (Proactive Management-Based Assistance)
72 Rule 1-210 Disclosure of Profe ional Liability Insurance.
73 (a) Each active member of the State Bar of Georgia who is engaged in the private practice of law
74 in Cieorgia shall disclose on the annual license fee statement whether the member is covered by a
7 5 policy of professional liability insurance.
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(b) The following members shall be exempt from the requirements of this rule :
(1) Members who are employed by a governmental entity or other organization and
whose practice is limited to matters concerning the entity or organization ;
(2) Members whose practice consists solely of serving as an arbitrator or mediator;
and
(3) Members who are not actively engaged in the practice of law or who do not
82 represent clients .
83 ( c) Every other year, beginning with registration for 2020-2021, each lawyer covered by
84 paragraph (a) who discloses that he or she is not covered by a policy of professional liability
85 insurance shall complete a self-assessment of the operation of his or her law practice or shall
86 obtain malpractice insurance and report that fact on the annual license fee statement for the
87 following year.
88 (d) The Proactive Management-Based Assistance program is a free interactive online educational
89 program provided by the Bar. It requires the lawyer to assess his or her I.aw ofTicc and
90 operations based upon the requirements of the Georgia Rules of Professional Conducl and best-
91 practices for the operation of a law office. Lawyers may earn one hour of Ethics CLE credit for
PU opuoris iiS of ,;uJy 2020
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92 each module of the self-assessment completed. Upon completion of each module in the
93 Proactive Management Based self-assessment program, the lawyer will receive the results of the
94 self-assessment and suggested resources to help the lawyer address any deficiencies identified by
95 Lhe self-assessment. All information related to the sci f-assessment shall be confidential and not
96 shared with the Office of the General Counsel, except for the fact of completion of the self-
97 assessment. Neither the Bar nor the lawyer may offer this information into evidence in a
98 di sc iplinary proceeding. The Bar may report self-assessment data publicly in the aggregate.
99 (e) The information required by this Rule is due on .July I or each year. A member v-:ho
100 discloses that he or she is not covered by a professional liability insurance policy remains in
101 good standing for one year in order to complete the Proactive Management-Based Assistance
102 Program or lo obtain insurance. If the member neither completes the self-assessment required at
103 parts (c) and (d) nor obtains insurance, he or she goes out of good standing on July 1 of Lhe
104 following year. A member deemed not to be in good standing under this Ruic shall be returned to
105 good standing upon making the disclosure required in subpart (a) to the Membership Department
106 or the State Bar of Georgia and, if not covered by a policy of malpractice insurance. by
107 completing the self-assessment course.
108 (f) Each member shall provide the State Bar of Georgia with confirmation of coverage upon
109 request.
110 (g) The Bar will provide the information required by part (a) of this rule upon request from any
11 ·1 person but will not publish it as part of the member's listing in the Member Directory on the
112 official website of the State Bar of Georgia.
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OPTION 4 Mandatory Insurance Requirement
117 Ruic 1-210. Professional Liability Insurance
118 (a) All active members of the State Bar of Georgia engaged in the private practice of
119 law in Georgia must be covered by a policy of professional liability insurance, in an
120 amount no less than $100,000 per claim and $300,000 in the aggregate ("Minimum
121 Limits"'). For any Minimum Limits policy the expenses of defense must be outside the
122 policy limits so that the Minimum Limits stated above are not reduced by payment of
123 attorney's fees or claims expenses incurred by the insurer for the investigation,
1 2L1 adjustment, defense, or appeal of a claim.
125 ( b) The following members shall be exempt from the requirements oCthis rule:
126 (1) Members who are employed by a governmental entity or other
127 organization and whose practice is limited to matters concerning the entity or
128 organization;
129 (2) Members whose practice consists solely of serving as an arbitrator or
130 mediator; and
131 (3) Members who are not actively engaged in the practice of law or who do
132 not represent clients.
133 (c) Each lawyer who is required by this rule to have proCcssional liability insurance
134 shall notify the Membership Department of the State Bar of Georgia in writing within 30
135 days if coverage lapses, is no longer in effect, or terminates for any reason. Each lawyer's
136 insurance status shall appear in the State Bar Member Directory as either "covered," '·not
137 covered," or "exempt." Each member shall provide the State liar of Georgia with
138 confirmation of coverage upon request.
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( d) The information required by this Rule is due on July 1 of each year. A member
who does not comply with the requirements of the Rule by September 1 shall cease to be
a member in good standing. A member deemed not to be in good standing under this
Rule shall be returned to good standing upon providing the Executive Director of the
State Bar of Georgia with proof of professional liability insurance coverage.
F'! I ()p\'ons as of .July 2020
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