O.C.G.A. § 15-19-8 (2019)

Annotations

JUDICIAL DECISIONS One not bound by counsel acting for one’s benefit but employed by others. - One is not bound by acts of counsel not employed by that person even though such counsel is employed by others for that person’s benefit. Lowance v. Dempsey, 99 Ga. App. 592, 109 S.E.2d 318 (1959). Party may accept benefits of unauthorized acts by ratifying acts. - While as a general rule a party is not bound by the acts of an attorney who purports to represent that party, but without being employed so to do, and need not accept any benefits personally as a result of such unauthorized appearance, the party may do so by ratifying the attorney’s acts as in other cases of agency. Felker v. Johnson, 189 Ga. 797, 7 S.E.2d 668 (1940). Insured not bound by acts of attorneys for insurance company. - Attorneys who filed original action seeking recovery of property damage to an automobile were properly representing their client insurance company, but the attorneys were not authorized by the insured to file this or any other action, and insured would not, over proper objection, be bound by the attorneys’ acts in such manner as would preclude the insured from prosecuting an action in the superior court, a court having exclusive jurisdiction of personal injury actions. Lowance v. Dempsey, 99 Ga. App. 592, 109 S.E.2d 318 (1959). Attorney’s actual authority. - Fact that an attorney may have actual author-

ity to act for a client at the direction of another person does not mean the attorney is authorized to act as agent for that other person individually; the attorney’s actual authority is on its face to be construed as confined strictly to representation of the attorney’s actual client. Addley v. Beizer, 205 Ga. App. 714, 423 S.E.2d 398, cert. denied, 205 Ga. App. 899, 423 S.E.2d 398 (1992). Action brought by insurer dismissed without prejudice to insured. - If loan receipt signed by plaintiff insured to insurance company nowhere authorized that company to commence and prosecute action for plaintiff, nor authorized the attorneys representing the insurance company to do so, but obligated plaintiff promptly to present plaintiff ’s claim and, if necessary, to commence and prosecute an action, pledging any recovery to the company as security for the repayment of the loan, the evidence demanded the finding that the action commenced in the civil court by the attorneys for the insurance company and in the name of the plaintiff was unauthorized and the plaintiff had the right as a matter of law to have that action dismissed without prejudice to the plaintiff. Lowance v. Dempsey, 99 Ga. App. 592, 109 S.E.2d 318 (1959). Cited in Lydick v. Napier, 105 Ga. App. 820, 125 S.E.2d 701 (1962); Londeau v. Davis, 136 Ga. App. 25, 220 S.E.2d 43 (1975); Slaughter v. State, 168 Ga. App. 484, 309 S.E.2d 675 (1983).

RESEARCH REFERENCES Am. Jur. 2d. - 7 Am. Jur. 2d, Attorneys at Law, § 147. C.J.S. - 7A C.J.S., Attorney and Client, § 235. ALR. - Attack on domestic judgment on ground of unauthorized appearance for defendant by attorney, 88 ALR 12.

Warrant of attorney to confess judgment signed by two or more as joint, or several, or joint and several, 89 ALR 403. When attorney’s power deemed coupled with an interest so as to prevent discharge or revocation, 98 ALR 923. Service of notice to modify divorce de-

cree or other judgment as to child’s custody upon attorney who represented opposing party, 42 ALR2d 1115. Authority of attorney to dismiss or otherwise terminate action, 56 ALR2d 1290.

Right of attorney to continue divorce or separation suit against wishes of his client, 92 ALR2d 1009.