The Georgia Court of Appeals Re-Affirms the Right to a Fair and Impartial Jury

[W]e remain steadfast in our commitment as a Court to safeguarding the sacrosanct and cherished right to a fair and impartial jury trial...

- Judge Stephen Dillard, Georgia Court of Appeals

On December 16, 2011, in the case of Harper v. Barge Air Conditioning, Inc., the Georgia Court of Appeals re-affirmed its commitment to safeguarding the right to a fair and impartial jury. The Court determined that my client, Jocelyn Harper, who suffered severe brain injury after exposure to carbon monoxide at her place of employment, was denied a fair trial when the trial court allowed two prospective jurors to remain on the panel after they expressed clear bias in favor of the defense.  For example, one of the jurors was the personal accountant of the defense lawyer and a client of the defense lawyer.  During jury selection ("voir dire") I asked the accountant whether he would "be inclined to try to find in [defendant's] favor." The prospective juror responded, "What do you think?  Of course."  Despite a motion to strike the juror for cause, the trial court allowed him to stay on the panel along with another juror who expressed similar bias. In a strongly worded opinion, The Court of Appeals reversed the trial court, and made it abundantly clear that it will safeguard the right of Georgia citizens to a fair and impartial jury trial.  As Justice Dillard wrote:  

Accordingly, we reverse the judgment in favor of Barge and remand the case for a new trial. In doing so, we “deplore the significant burden a [second] retrial will impose, not only on the parties, but on the community as well,” and “[w]e are particularly troubled by the trial court's willingness to infect a trial with this kind of error when a solution (excusing the juror[s] for partiality) was so readily available.”  Nevertheless, we remain steadfast in our commitment as a Court to safeguarding the sacrosanct and cherished right to a fair and impartial jury trial, and we will continue to remand this case back to the trial court until Harper is provided with same.


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Georgia Lawyers Disbarred for Unethical Conduct

The Georgia Supreme Court recently disbarred two personal injury lawyers who were caught using "runners" to seek out and solicit clients.  In the Matters of Thomas C. Sinowski and Steven F. Freedman, the Court concluded Attorneys Sinwoski and Freedman violated multiple Bar Standards and are now forbidden from further practicing law - a professional "death penalty." 

The use of "runners" is an unethical practice where a lawyer will pay non-lawyers to approach potential clients and refer them to the lawyer. Oftentimes, the runners will stake out hospitals or trauma care centers hunting for people involved in serious car wrecks.  The runners will "innocently" approach a grieving family member, maybe at a vending machine or in the lobby, and "suggest" they contact a certain lawyer. The practice undermines public confidence in the legal profession further contributing to the false perception that all personal injury attorneys are unethical "ambulance chasers."  Even worse for the clients, the attorneys who use runners quickly develop a reputation for poor legal work and selling out their clients for a quick settlement.

The use of runners continues throughout Georgia, and the public should be alert to the practice.  For example, just a few days ago, I was contacted by a young woman who had been in the hospital for 6 weeks.  She was involved in a terrible car accident which resulted in multiple fractures of her vertebrae.  When I met her in the hospital, she told me a lawyer from one of the large "billboard advertising firms" had come by her hospital room about 3 days after the wreck pushing her to sign a attorney contract.  Fortunately, the client had the good sense to keep all the paperwork, the name of the attorney and the pertinent details to support a Complaint to the State Bar - which is forthcoming.

It is unfortunate that every profession has its share of "bottom dwellers" who will engage in unethical and illegal conduct to try and gain advantage.  The legal profession is no different.  With its recent decision disbarring Sinowski and Freedman, the Georgia Supreme Court has demonstrated that such conduct will not be tolerated in Georgia.  


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