Medical Association of Georgia Case Selection Criteria

Adopted September 19, 1999

In its continuing effort to increase private sector advocacy on behalf of MAG members, the Medical Association of Georgia participates in litigation either directly of more often through the filing of amicus curaie (friend of the court) briefs. Appellate advocacy and actual litigation are expensive undertakings and consume significant resources. These services are often performed by our General Counsel and, on occasion, outside counsel is retained. Funding for these services comes from MAG dues; however, the AMA- State Medical Society Litigation Center has contributed legal resources and financial assistance to these efforts.

Because of the significant resources required to pursue these cases, the Executive Committee carefully reviews each request and determines whether the proposed case is consistent with the mission and objectives of the Medical Association of Georgia and whether the case warrants the expenditure of MAG resources.


Submission of Case for Consideration by the Executive Committee

The person[s] asking that MAG become involved in a legal matter shall submit such request in writing to the General Counsel. The request should state what type of assistance is sought (e.g. amicus curaie brief, filing of lawsuit or motion etc.), a summary of the issues presented, a timetable for the requested action, and any other information requested by the General Counsel necessary to evaluate the case. The general counsel shall explain to the person requesting assistance that the facts of the case will be fully explored as part of his/her assessment of the case. The General Counsel will assess the case and make a recommendation to the Executive Director who may submit the case to the President and the Executive Committee for action.

Consistency with MAG's Mission and Objectives

The Executive Committee may not accept a case if the legal positions asserted are inconsistent with MAG policies.

Case Selection Criteria

While it is impossible to create a definitive list of criteria for determining whether the Executive Committee will accept a case, the following factors will be reviewed, as applicable:

  • The parties to the case, the merits of the case, and the case posture are all relevant.
  • Whether the legal issues presented extend or clarify the case law on a matter of interest to physicians generally;
  • The precedential value of the case (i.e., level of court, jurisdiction, and nature of legal proceeding);
  • The likely chances of succeeding on the merits;
  • The allocation of resources required by the proposed case;
  • The contribution made by others, including the parties and the person who has requested support;
  • The comparative value of selecting a particular case as against other pending and likely litigation requests;
  • The extent of non-financial costs (e.g., whether litigation makes political and other options less feasible); and
  • The membership status of any individual physicians that MAG is requested to support (or oppose); and
  • Whether options other than litigation are available.

Continuing Review

The Executive Committee shall review the status of each pending case in which MAG is involved at each regularly scheduled meeting of the Executive Committee.