Ken Shigley

Ken Shigley is:
- The first Georgia lawyer to earn three national board certification in his practice area (Truck Accident Law, Civil Trial Advocacy & Civil Pretrial Advocacy) from the National Board of Trial Advocacy
- Recipient of Traditions of Excellence Award for lifetime achievement
- Past President, State Bar of Georgia
- Author of 11 editions of a book on trial preparation in injury cases

He has been an attorney in cases racking up total recoveries of $22 million in 2019 alone.

Emory University School of Law

J.D. | Law

1977

Furman University

B.A. | Political Science / History

1973

Attorney

Johnson & Ward

1990 - Current

Associate / Partner

Van Gerpen & Rice / Van Gerpen Shigley & Hoffman

1981 - 1990

Insurance defense litigation practice

Attorney

General Practice, Douglasville, GA

1979 - 1981

General civil and criminal small town law practice

Assistant District Attorney

District Attorney, Tallapoosa Judicial Circuit

1977 - 1979

"A Lawyer's Calling"

Georgia Bar Journal

August, 2011

"Stewardship, Calling and Love,"

Georgia Bar Journal

August, 2011

Georgia Law Of Torts: Trial Preparation & Practice

Thomson Reuters West

2010

Selecting a Theme for Trial of a Trucking Case

Interstate Trucking Litigation Group, American Association for Justice

February, 2009

Insurance in Trucking Litigation

Association of Interstate Trucking Lawyers of America

October, 2008

Diversity Luncheon Welcome Address, 19th Annual State Bar of Georgia Diversity Luncheon

September 29, 2011

State Bar of Georgia

2011 State Bar President, Incoming Remarks, State Bar of Georgia Meeting

June 4, 2011

State Bar of Georgia

Board Certified in Truck Accident Law, Civil Trial Advocacy & Civil Pretrial Advocacy

National Board of Trial Advocacy

Who's Who in Law

Atlanta Business Chronicle

2012

"Super Lawyer"

Atlanta Magazine

2004

"Legal Elite"

Georgia Trend Magazine

2004

Bar Register of Preeminent Attorneys

Martindale- Hubbell

1995

AV rating

Martindale- Hubbell

1989

Commission on Continuing Lawyer Competency

Member

Current

Special Council on Criminal Justice Reform

Appointee

Current

American Bar Association House of Delegates

Member

Current

Institute for Continuing Judicial Education in Georgia

Trustee

Current

American Association for Justice Motor Vehicle Collision, Highway & Premises Liability Section

Chair

Current

Georgia

Since 1977

11th Circuit

Since 1981

U.S. Supreme Court

Since 1985

• Free Consultation
  Free consultation in cases of wrongful death and catastrophic personal injury only.
• Contingent Fees

• Car Accidents
• Truck Accidents
• Wrongful Death

Q. Can a highschool coach record a conversation of a 15 year old player w out their knowledge?

September 26, 2019

A: OCGA § 16-11-62 (https://law.justia.com/codes/georgia/2010/title-16/chapter-11/article-3/part-1/16-11-62) provides:

It shall be unlawful for:

(1) Any person in a clandestine manner intentionally to overhear, transmit, or record or attempt to overhear, transmit, or record the private conversation of another which shall originate in any private place;

(2) Any person, through the use of any device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view; provided, however, that it shall not be unlawful:

However, OCGA § 16-11-66 provides, "(a) Nothing in Code Section 16-11-62 shall prohibit a person from intercepting a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception."

Therefore, in Georgia I may secretly record my conversation with you, though not the conversation between two other people who do not consent.

However, there are protections of minors with regard to telephone and other electronic communications. OCGA § 16-11-66 says:

(b) After obtaining the consent required by this subsection, the telephonic conversations or electronic communications to which a child under the age of 18 years is a party may be recorded and divulged, and such recording and dissemination may be done by a private citizen, law enforcement agency, or prosecutor's office. Nothing in this subsection shall be construed to require that the recording device be activated by the child. Consent for the recording or divulging of the conversations of a child under the age of 18 years conducted by telephone or electronic communication shall be given only by order of a judge of a superior court upon written application, as provided in subsection (c) of this Code section, or by a parent or guardian of said child as provided in subsection (d) of this Code section. Said recording shall not be used in any prosecution of the child in any delinquency or criminal proceeding. An application to a judge of the superior court made pursuant to this Code section need not comply with the procedures set out in Code Section 16-11-64.

https://law.justia.com/codes/georgia/2010/title-16/chapter-11/article-3/part-1/16-11-66/

Since this conversation was recorded in person by a person who consented to being recorded, and did not involve a telephonic or other electronic communication, the law appears unclear. The school system's lawyers could argue that the recording was permitted under OCGA § 16-11-66(a).

Beyond that, what are the damages? That she cried? As a parent, I had a situation in which my daughter probably had a good lawsuit against an airline that had her arrested and thrown off a plane because, as a deaf passenger, she did not hear and comply with a flight attendant's directions. The analysis was not only legal. I did not want her to get distracted by litigation and celebrity within the deaf community, and neglect her studies. We worked it out quickly and quietly with the airline and got the arrest record promptly expunged. She was on the next plane back to college and did not miss a class.

Parental decisions involve a lot more considerations than potential liability of a coach. ... Read More

Q. I was denied a job for taking CBD for my lupus. It was not labeled as having any THC. It did, and I failed my drug test.

September 26, 2019

A: There are not enough facts here.

Re: the seller or manufacturer, determine whether they included warnings about the product potentially causing one to fail a drug test designed to detect marijuana, etc. If so, it's probably on you.

Re: the employer, this is a developing area of law but generally even in states where recreational cannabis is legal, employers may bar its use by employees and administer and act upon drug tests accordingly. I have not seen a case on this in Georgia.

Q. Statute of limitations on getting hit by drunk driver.

September 26, 2019

A: In general, in a personal injury suit in New York, the statute of limitation is three years. N.Y. C.P.L.R. § 214(5)