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2018 Georgia Code 15-19-10 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-19-10 Case Law from Google Scholar Amendments to OCGA 15-19-10

TITLE 15 COURTS

Section 19. Attorneys, 15-19-1 through 15-19-60.

ARTICLE 1 GENERAL PROVISIONS

15-19-10. Which of several counsel to be given preference in absence of client.

  1. As used in this Code section, the term "leading counsel" means the person who, at the time of the trial or the raising of any issue connected with the case, is, in the judgment of the court, the counsel upon whom the client relies more than any other.
  2. When two or more attorneys employed on the same side dispute about the direction to be given to their case and the client is not present, the judge shall hear all the facts and give preference to the leading counsel.
  3. If there is more than one leading counsel, the court shall, as between them, give preference to the counsel who was first employed.

(Orig. Code 1863, §§ 388, 389, 390; Code 1868, §§ 449, 450, 451; Code 1873, §§ 414, 415, 416; Code 1882, §§ 414, 415, 416; Civil Code 1895, §§ 4424, 4425, 4426; Civil Code 1910, §§ 4962, 4963, 4964; Code 1933, §§ 9-608, 9-609, 9-610.)

JUDICIAL DECISIONS

Presumption that name of attorney on pleadings is lead counsel.

- Attorney whose name is subscribed as such to pleadings, if not surreptitiously appended, is to be regarded as leading counsel. Dalton City Co. v. Dalton Mfg. Co., 33 Ga. 243 (1862); Chivers v. State, 5 Ga. App. 654, 63 S.E. 703 (1909).

Assistance of assistant district attorney.

- Nothing in this section inhibits assistant district attorney from assisting district attorney in the trial of a criminal case. Lashley v. State, 132 Ga. App. 427, 208 S.E.2d 200 (1974).

Appointed counsel may be named leading counsel.

- If defendant expressed no preference and appointed counsel was ready for trial, while retained counsel was insisting upon a continuance in order to prepare for trial, the trial court did not abuse the court's discretion in naming appointed counsel as leading counsel. Nations v. State, 234 Ga. 709, 217 S.E.2d 287 (1975).

Cited in Smith v. State, 78 Ga. 71 (1886); Whitley v. Clegg, 120 Ga. 1038, 48 S.E. 406 (1904); Cherry v. Coast House, Ltd., 257 Ga. 403, 359 S.E.2d 904 (1987).

RESEARCH REFERENCES

ALR.

- Rights of attorneys leaving firm with respect to firm clients, 1 A.L.R.4th 1164.

Cases Citing Georgia Code 15-19-10 From Courtlistener.com

Total Results: 1

Cherry v. Coast House, Ltd.

Court: Supreme Court of Georgia | Date Filed: 1987-09-09

Citation: 359 S.E.2d 904, 257 Ga. 403, 1987 Ga. LEXIS 844

Snippet: not disrupt the proceedings before it. OCGA § 15-19-10 provides some guidance, although it addresses