THE VERDICT
A Publication of GAPT A, Inc. (Georgia Association of Plaintiffs' Trial Attorneys)
Vol. 4, No.4 June 1962

PRESIDENT'S COLUMN

May I take this opportunity to thank you for the honor of electing me President of GAPT A and to assure you that the work that goes with the job will be carried out to the best of my ability.

Great progress has been made in the organization in the last few years and if we can equal that in the coming year I will personally feel that we have had a good year. We may perhaps attempt to plow in some new ground, however, now that the program of annual seminars, brief bank, and the like have become firmly entrenched in our work, but we must not forget that these need constant nursing.

As to some new work, attention is called to the following two items:
(1) Workmen's Compensation'" A resolution was unanimously adopted at the annual meeting by which the President was directed to write to the Directors and Deputy Directors of the Workmen' s Compensation Board, that GAPT A had gone on record as being firmly opposed to exparte discussions about cases pending before the Board. It was felt by the Association that in the interests of judicial decorum there should be a conformity with standards kept by the Courts. Whether the offender be a defense attorney or claimant' s attorney_ the practice is condemned by this Association.

Canon 3 of the Professional Ethics of Attorneys and Canon 17 of the Canons of judicial Ethics (quoted on the following page) are clear and concise, and unless they are adhered to by attorneys and quasi-judicial bodies justice cannot prevail.

(2) Ross Arnold put forth a great deal of effort in working out plans for some short evening seminars to be held in different sections of the state. It was voted to put the plan into effect in one area on a trial basis so if any attorney thinks it might go well in his area will he please contact me because the officers plan to meet at an early date and plan for such a short seminar.

Thanks again for the honor of serving you for the coming year.
S. GUS JONES, President
CANONS OF PROFESSIONAL ETHICS
3. ATTEMPTS TO EXERT PERSONAL INFLUENCE ON THE
COURT.

Marked attention and unusual hospitality on the part of a lawyer to a Judge, uncalled for by the personal relations of the parties, subject both the Judge and the lawyer to misconstructions of motive and should be avoided. A lawyer should not communicate or argue privately with the Judge as to the merits of a pending cause, and he deserves rebuke and denunciation for any device or attempt to gain from a Judge special personal consideration or favor. A self-respecting independence in the discharge of professional duty, without denial or diminution of the courtesy and respect due the Judge's station, is the only proper foundation for cordial personal and official relations between Bench and Bar.
CANONS OF JUDICIAL ETHICS
17. EX PARTE COMMUNICATIONS.

A judge should not permit private interviews, arguments or communications designed to influence his judicial action, 'Where interests to be affected thereby are not represented before him, except in cases where provision is made by law for ex parte application.

While the conditions under which briefs of argument are to be received are largely matters of local rule or practice, he should not permit the contents of such brief presented to him to be concealed from opposing counsel. Ordinarily all communications of counsel to the judge intended or calculated to influence action should be made known to opposing counsel.

OUTLINE OF TALK GIVEN BY ALFORD WALL AT G.A.P.T.A., INC.
SEMINAR IN SAVANNAH, GEORGIA, ON MARCH 2, 1962
"PRESENTATION OF WITNESSEs, ORDER OF USE, ETC."

I. INITIAL INTERVIEW WITH CLIENT:

1. Attorney should have Client Information Sheet prepared in advance of conference"-it should contain: background; past medical history, other claims, past court cases, etc.

2. All documentary and physical evidence should be examined thoroughly by attorney before attempting to interrogate witnesses.

3. If possible, attorney should visit scene of occurrence with client, study photographs, plats, police reports, etc. before contacting witnesses.

II. INTERVIEW WITH WITNESSES:

1. Attorney should have checklist of key questions. If possible, witness should be interviewed alone and witness should not be furnished facts elicited from other witnesses. Attorney should never express his personal opinion to the witness; you are there to get his version!

2. In interrogation of witnesses, always take a Court Reporter or get a written statement.

3. Witnesses are best interviewed at home. Many distractions occur where they are contacted on job.

4. Witnesses should always be interviewed ex parte and usually best without your client present.

5. General types of witnesses:

(a) Hostile: Very important to commit this witness early even though he is against you.

(b) Friendly: This witness should be toned down in an effort to make him impartial. Sometimes this type will lean over backwards trying to be fair to the other side if he is a friend of the plaintiff,

(c) Neutral: Usually ideal, but should be interviewed in a very objective and cautious manner.

(d) Reluctant: Often fears involvement and possibility of being made a fool of on the witness stand by opposing counsel. Appeal to his citizenship and the fact that he might some day be similarly situated.

6. Witnesses are best interviewed by requesting them to give a narrative statement first and then close up any gaps by referring to your checklist of key questions. Witnesses usually resent an intrusion of their time for a second interview for questions forgotten on the first interview.

7. Expert witnesses:

(a) Never put an expert witness on the stand without consultation with him in advance.

(b) Attorney should familiarize himself with the technical terms and the subject with which the expert will deal and the expert should be prepared for cross-examination by the opposing counsel,

(c) In interviewing experts, furnish him with a written statement of facts which you can prove, so that you are not placed in the embarrassing position of having your expert give an opinion assuming a fact that you cannot prove.

MODERN TREND IS FOR COURTS TO ALLOW THE USE OF MORE AND MORE EXPERT TESTIMONY IN THE NATURE OF OPINION EVIDENCE.
III. PREPARING THE WITNESS FOR DIRECT AND CROSS-EXAMNATION AND ORDER OF USE:

1. Do not call a witness unless you are familiar with what he is going to testify.

2. Do not be overly cumulative with witnesses. Juries can be bored even by Perry Mason (Mel Belli would never do this!)

3. Novel experience for layman-first time as a witness: Explain trial procedure, oath, etc., to witness. If he is really apprehensive, send him to the courthouse to observe a trial.

IV. ORDER OF PROOF:

Ordinarily follows the chronological development of a case. (Good example given by Attorney Bill Colson of-Miami at recent NACCA Seminar: Think of the drama in your case and present it is a manner to always hold the interest of your audience, i.e., the jury.)

1. First Witness: Always lead off with the best witness since as a general rule, cross-examination will usually be strongest on him. In a personal injury case, this will normally be your first lay witness after the plaintiff. Sandwich in the weaker witnesses and end up with your second best witness.

2. To prevent the case from slowing down, always identify all documentary and physical evidence prior to commencing trial. Be sure that all the witnesses who will testify have seen this evidence and have examined same prior to trial in order that there can be no doubt as to positive identification. This should be done notwithstanding any stipulation in pre-trial with regard to the admissibility or authenticity of such evidence.

3. Order of Proof: It is advisable to prepare an order of proof prior to trial which will list witnesses in the order which you intend to use them, plus key questions to be asked of each witness on the stand.

4. In complicated cases, attorney should explain to his witnesses his theory of the case in order that the witness under stands what the attorney is driving at by his questions. This will eliminate wasted time on side issues.

5. Once your point has been made by a witness, stop and end on a high note!

ALFORD WALL

SAYII!! LOOK HERE A MINUTE!!!!
(One of these points might have slipped by you???)

MUNICIPALITIES, COUNTIES, etc. Liability Insurance on Vehicles. Many now carry it and al1 should be urged to do so. Governmental immunity cannot be claimed - Code 56-2437- but - it might be well to give notice as below.

MUNICIPALITIES - NOTICE, etc, 6 months notice now and not a year. Code Supp. 69-308 and best to follow same general pattern as suit and use exact name of the municipal corporation.

LIABILITY INSURANCE - EVIDENCE concerning? - - - In many instances this is admissible in connection with an admission of liability.. or to get in the whole conversation and should be offered and admitted in evidence regardless of the res gestae principle. Wade v. Drinkard, 76 Ga. App. 159; Owen v. Shugart, 61 A. 177; Hendrick v. Hix, 97 Ga. App. 540.

RELEASES: 18-year-old married persons can now sue in own name and execute a release. Code 3-115.

"FALLING DOWN” or "SLIPPING CASES"?? --Don't forget that knowledge of a "defect” is not at all the same thing as knowledge of “danger”. Townley v. Richs, Inc., 84 Ga. App. 772, 777 and cit.

“NO WITNESSES?" except opposing driver - and your driver killed???? Then cross examine opposing driver to prove presence at scene, and other general features of case, then prove, as usually you can, some contradictions in prior statements and depositions so jury may believe him on general features and disbelieve him on non-liability contentions which you may show by circumstantial evidence which is sometimes stronger than direct evidence. Shannon v. Smith, 96 Ga. App. 131, 137 and cit.

MOTION FOR NEW TRIAL – SERVE IT AFTER IT IS FILE, otherwise, unless prior acknowledgment has waiver, it is simply a private paper and it is discretionary with Judge as to whether you may later serve it. –ACL RR Co. v. McNair, 96 Ga. App. 519 -- but no specific number of days is provided by Code Section for service - Code 70- 306 and cit.

DEATH OF MINOR TOO YOUNG TO RENDER SERVICES – Enlightened Conscious of Jury is now the rule -- Collins v. McPherson, 91 Ga. App. 347, 349 and see Royal Crown Bottling Co. v. Bell, 100 Ga. App. 438, 440 and Code 105 –1307 -- dependency of parent and contribution of services by child no longer necessary.

by S. G.J.

ABOUT NACCA
On Sunday, June 10, 1962, on the Roof of the Dinkler Plaza Hotel, the “50,000 mile" Legal Caravan of NACCA, headed by President Ed Rood, put on a one day seminar with GAPTA as host for the occasion. Arrangements were made by Cullen M. Ward, NACCA National Committeeman for Georgia. Leading trial counsel from throughout the country participated and there was excellent attendance.

ABOUT "THE VERDICT
There is a plan afoot to enlarge THE VERDICT somewhat and to have various lawyers write a one-page column of capsule points, articles or memo briefs, from time to time -- matters pertinent to Georgia law, preparation and practice. After such a page is prepared it can be checked out by the editor for duplication with other material and the like and included in most any issue of THE VERDICT.

ABOUT GAPT A DUES
It will be appreciated if you will send your dues to Treasurer Cullen M. Ward, Suite 4ll Grant Building, Atlanta, Georgia, so we won't get behind on finances. Dues are $5.00 if in practice under 10 years and $10.00 if 10 years or more. They are now due.

Incidentally there are several members who have not yet paid their 1961-62 dues and the membership will appreciate it a whole lot if these will drop a check in the mail so the asterisk can be removed from their names on the membership list.

RE: USE OF ONLY ONE SIDE OF PAGE IN "THE VERDICT"
This is being done so that as articles, short briefs, and the like come out that might be of particular interest they may be extracted from THE VERDICT and placed in a file or note book with memo space on the back side, without interfering with the material on the reverse side if printing is on both sides. -- Do you have a comment on this????

OFFICERS OF GAPTA, INC. ELECTED FOR THE YEAR 1962-1963
AT THE ANNUAL MEETING ON JUNE 8, 1962
AT THE DESOTO HOTEL IN SAVANNAH, GEORGIA
PRESIDENT
S. Gus Jones
EXECUTIVE VICE PRESIDENT
James H. Fort
Columbus, Georgia

VICE PRESIDENTS
Charles H. Hyatt
Decatur, Georgia

Asa D. Kelley, Jr.
Albany, Georgia

Henry T. Chance
Augusta, Georgia

David H. Fritts
Savannah, Georgia

J. R. Cullens
Cartersville, Georgia

SECRETARY AND EDITOR
William W. Daniel
ASSISTANT EDITOR
Ross Arnold

TREASURER
Cullen M. Ward

PAST PRESIDENTS
William F" Braziel
Savannah, Georgia
Cullen M. Ward
Atlanta, Georgia

Samuel D. Hewlett, Jr.
Atlanta, Georgia

Roscoe Pickett
Atlanta, Georgia

Osgood O. Williams
Atlanta, Georgia

Hugh G. Head, Jr.
Atlanta, Georgia

E. W. Highsmith
Brunswick, Georgia