Attorney's Fees. The Court of Appeals upheld an attorney fee contract that authorized collection of one and one-half per cent per month interest on outstanding balances beginning thirty days after the date the bill was presented, even though the firm's recovery would exceed the client's recovery. William J. Cooney, P.C. v. Rowland, 240 Ga. App. 703 (1999) (Clients "should be permitted to enter into contracts that may actually be unreasonable or which may lead to hardship.")

Legal Ethics. The Supreme Court amended DR 2-105, relating to communicating that a lawyer is a "specialist" or "certified."

Request for Production - Privilege. Overruling a case noted earlier here, the Court of Appeals held that a party's failure to object to a request for production of documents to a third party (hospital) is not a waiver of the privilege against disclosure of privileged records (psychiatric records), which may be waived only by affirmative actions. Hopson v. Kennestone Hospital, Inc., 241 Ga. App. 829 (2000).

Motions Practice. A trial court need not give prior notice to the parties that it will consider oral testimony in support of a motion to dismiss. Franchell v. Clark, 241 Ga. Ap. 128 (1999) (strongly suggesting that counsel defending such motions should bring live witnesses to such hearings in case oral testimony might be allowed without prior notice).

Contradictory Testimony - Experts. Overruling a case noted here earlier, the rule requiring that contradictory testimony of a party be construed against the party does not apply to contradictory testimony of the party's expert witness, even in the affidavit required by OCGA § 9-11-9.1. Ezor v. Thompson, 241 Ga. App. 275 (1999).

Jury Strikes. While the same number of strikes is available even if there is more than one party on a side and those parties have adverse interests, a trial court may have discretion to realign parties so that a third party plaintiff is treated as a co-plaintiff for purposes of allocating peremptory strikes. Naimat v. Shelbyville Bottling Co., 240 Ga. App. 693 (1999).

Refreshing Recollection. Contrary to a case noted in the last edition, a witness's recollection may be refreshed by a document prepared by others years after the events it purports to memorialize. Pace v. State, 271 Ga. 829 (28) (1999).

Impeachment - Experts. An expert may not be impeached by the contradictory opinions of other experts in the expert's company, though such opinions would be proper rebuttal. Crosby v. Cooper Tire & Rubber Co., 240 Ga. App. 857 (1999).

"Golden Rule" Argument. The rule against "golden rule" arguments is limited to those arguments that address damages. Naimat v. Shelbyville Bottling Co., 240 Ga. App. 693 (1999).

Contempt - Questioning witness. Mentioning the result of a prior trial is not automatically contemptuous. A trial court should generally warn counsel against an improper question before finding counsel in contempt. In re Healy, 241 Ga. App. 266 (1999).

Georgia Tort Claims Act. Reversing decisions noted earlier, the Supreme Court has held that the "discretionary function" exception to liability under the Georgia Tort Claims Act applies only where the tort claim challenges policy judgments based on social, political or economic factors. Brantley v. Dept. of Human Resources, 271 Ga. 679 (1999); Edwards v. Dept. of Children & Youth Services, 271 Ga. 890 (2000).

Payments under Protest. A party that pays a disputed debt under protest pending judicial determination of the validity of the debt may not then recover payments even if the court later determines the dispute in favor of the paying party. Yeazel v. Burger King Corp., 241 Ga. App. 90 (1999).

Public Employment - Benefits. A public employment contract is breached by the repeal of an ordinance that grants a fringe benefit (payment for unused sick leave), even if the financial loss does not occur until after the six year period of limitation expires. City of East Point v. Seagraves, 240 Ga. App. 852 (1999).

Arbitration. Whether the validity of a contract is arbitrable under terms of the contract depends on whether there is clear and unmistakable evidence that the parties intended to arbitrate this issue. If so, the purchaser of an item may be required by the sales contract to arbitrate the issue on the other side of the country. Galindo v. Lanier Worldwide, Inc., 241 Ga. App. 78 (1999).

Domestic - Child Support. Where the party obligated to pay child support wilfully underrepresents his income, the other party may not seek a retroactive award of increased child support by contempt or modification, but should file a motion to set aside the original judgment based upon fraud. Rose v. Thorpe, 240 Ga. App. 834 (1999).

Domestic - Custody. Child custody may not be changed simply because the custodial parent refuses to give greater visitation to the other parent than specified in the custody order, or because the custodial parent fails to involve the other parent in important decisions about the child, though required by the custody order to do so. Mahan v. McRae, 241 Ga. App. 109 (1999).

Criminal - Probable Cause. Is there probable cause to arrest when independent witnesses tell the officer that the defendant committed a crime in their presence, when the defendant denies it and no physical evidence is present? See the conflicting opinions in Tyson v. State, 241 Ga. App. 288 (1999).

Criminal Evidence. Evidence of sexual paraphernalia in the defendant's possession is inadmissible to show a general lustful disposition, and is admissible only if it shows his disposition to commit the act with which he is charged. Simpson v. State, 271 Ga. 772 (1999).