The Insurance Paradigm

The Supreme Court of Georgia has retracted an ethics opinion that dealt with the propriety of an attorney defending a client pursuant to an insurance contract who simultaneously represents a company in an unrelated matter that claims a right to subrogation in any recovery against the insured. The court concluded that new Georgia rules of professional conduct dictate a different result. Under present rules, the lawyer in some circumstances that the conflict is impermissible and non-waivable but in other circumstances that conflict may be cured by waiver of all affected clients. (Mike Frisch)