Ethics - Billing. Billing a client for expenses in a sum greater than the actual fee incurred is an ethical violation, and a public reprimand is an insufficient punishment. In Re Zaleon, 268 Ga. 900 (1998).

Discovery - Supplementation - Sanctions at Trial. In addressing the plaintiff's failure to update discovery responses with an expert's post-deposition reflections, a 4-3 majority of the Court of Appeals held that the duty to supplement was problematic, but that in any case the exclusion of the expert's testimony was improper, and that the only appropriate remedy would be postponement or mistrial. Hunter v. Nissan Motor Co., 229 Ga. App. 729 (1997).

Discovery - Tax Returns. Where a party's financial condition can be determined by documents other than tax returns, a trial court exceeds its discretion in compelling production of tax returns, unless the other documents appear to be inaccurate. Snellings v. Sheppard, 229 Ga. App. 753 (1997).

Discovery - Self-Help. A refusal to reply to discovery is not justified by proof that the requesting party is also unjustifiably refusing to reply to discovery. West v. Equifax Credit Information Services, Inc., 230 Ga. App. 41 (1997) (upholding the dismissal of a complaint, but also criticizing the defendant for tactics that gave the "calculated appearance of cooperation without actual timeliness").

Contradictory Testimony Rule. Before applying the contradictory testimony rule against a party so as to eliminate the party's favorable testimony from the record, the court must first review the entire record to determine whether there is any other evidence supporting the party's favorable testimony. Korey v. BellSouth Telecommunications, Inc., 269 Ga. 108 (1998). The contradictory testimony rule does not apply to unsworn statements made by a party, Shiver v. Norfolk-Southern Rwy. Co., 269 Ga. 168 (1998), including statements to the opposing party. Bird v. Kmart Corp., 229 Ga. App. 630 (1997).

Evidence - Experts. Contrary to a case noted in the last newsletter, an expert need not be formally tendered as an expert, though tender is much preferred for sake of clarity and certainty. Morrow v. State, 230 Ga. App. 137 (1998).

Opinion - Malingering. A psychiatrist may testify that a party suffers from a psychiatric clinical disorder of malingering, and other mental disorders, not for the purpose of concluding that the party is lying, but in order to diagnose the suffering as a result of a recognized psychiatric disorder. Rose v. Figgie International, Inc., 229 Ga. App. 848 (1997).

Uninsured Motorist. In an uninsured motorist case, where the tortfeasor is insured, the uninsured motorist carrier (UMC) is not entitled to summary judgment, but only to a dismissal without prejudice. If the tortfeasor becomes uninsured after a verdict for the insured plaintiff, the previously dismissed UMC is entitled to notice of a renewed claim against it and the opportunity to defend on issues of liability and damages. State Farm Fire & Cas. Ins. Co. v. Terry, 230 Ga. App. 12 (1997).

Fraud - Election. A defrauded plaintiff may elect whether to rescind the contract or affirm it and sue for damages, and the election need not be made before submission of the case to the jury. Conner v. Conner, 269 Ga. 112 (1998).

Punitive Damages - Similar Act Evidence - Trifurcation. Contrary to some recommendations of the Court of Appeals, the Supreme Court held that trifurcated proceedings should be rare. Whether to admit evidence of similar acts to support a punitive damages claim in the liability phase, or in the damages phase, or in a trifurcated middle phase of a case, is left to the discretion of the trial judge, based on factors stated in the opinion. Webster v. Boyett, 269 Ga. 191 (1998).

Corporations. The president of a corporation does not have authority to enter contracts on behalf of the corporation by virtue of the office alone. Bresnahan v. Lighthouse Mission, Inc., 230 Ga. App. 389 (1998).

Loan Commitments. A loan commitment must state a maturity date and definitions of all interest rates applicable to the loan in order to be enforceable. A concurring judge noted that these so-called "lock-in" agreements are usually totally unenforceable. Oceanmark Bank, F.S.B. v. Stubblefield, 230 Ga. App. 399 (1998).

Criminal - DUI. Defendants have a right to the printouts of tests and "full information" concerning the tests. Price v. State, 269 Ga. 222 (1998). The validity of roadblocks was discussed at length in LaFontaine v. State, 269 Ga. 251 (1998) (4-3 decision). Unless implied consent warnings are given exactly in accordance with the statute, the warnings are invalid. State v. Halstead, 230 Ga. App. 208 (1998) (warning that differed only slightly was invalid).

Criminal - Pleas. A record of proceedings at which a guilty plea is entered must be made and preserved. A finding by the trial court that sufficient factual basis exists for accepting the plea is not sufficient to avoid reversal. Woody v. State, 229 Ga. App. 823 (1997).