Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Georgia

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GA: To Survive Summary Judgment Client Must be Specific as to Attorney’s Negligence

Posted in Affidavit/Certificate of Merit, Commercial, Georgia, Rules of Professional Conduct (RPCs), Standard of Care
Roberts v. Langdale, 363 S.E.2d 591 (Ga. App. 1987) GA: Promissory Notes; Personal Guarantees Student Contributor: Paul Barnhill FACTS: Client hired Attorney in connection with a business deal involving a company called Versa-Tile. Versa-Tile issued two promissory notes in favor of The First National Bank of Valdosta, and Client became a personal guarantor on these… Continue Reading

GA: To Extend Statute of Limitations, Alleged Fraud Must Include an Aspect of Moral Turpitude

Posted in Georgia, Real Estate, Statute of Limitations
Kilby v. Shepherd, 339 S.E.2d 742 (Ga. App. 1986) GA: Underlying matter: Real Estate; Fraud Student Contributor: Paul Barnhill FACTS: Client hired attorney in connection with several deeds to real property her late husband had previously conveyed to his sister, claiming fraud and incompetency regarding the conveyance on March 20, 1975. Client did not specify… Continue Reading

GA: Applying the Same Standard of Care in a Different Way

Posted in Georgia, Standard of Care
Kellos v. Sawilowsky, 325 D.E.2d 757 (Ga. 1985). GA: Legal Malpractice Standards in General Student Contributor: Paul Barnhill FACTS: In a legal malpractice case, Attorney made a motion for summary judgment and supported this motion with an affidavit claiming to have met the proper standards of an attorney “in the State of Georgia.” Clients responded… Continue Reading

GA: Active Practice of Law is a Prerequisite for Expert Witnesses

Posted in Expert Witnesses, Georgia
Wilson v. McNeely, Court of Appeals of Georgia, January 24, 2011. Facts: McNeely represented Wilson in the purchase of a parcel of real property.  Shortly thereafter, Wlson brought a malpractice action against McNeely and presented his brother as an expert witness with regard to an attorney’s standard of care in a real estate closing.  McNeely… Continue Reading

GA: Suing for fees: A New Twist?

Posted in Attorneys Fees, Conflicts of Interest, Duties: Conflict Avoidance, Family Law, Georgia
Levine v. Television Cablecasting, Inc., 581 S.E.2d 734 (2003) GA: Underlying divorce action Student Contributor: Farah Shahidpour Facts: Wife inherited title to a farm. She later transferred title to Television Cablecasting (TCI), a company wholly owned by her husband. Wife sues husband for divorce, seeking title to the farm. Husband asked his longtime friend, Attorney… Continue Reading

GA: No Affidavit of Merit for Fraud, Breach of Fiduciary Duty Claims

Posted in Affidavit/Certificate of Merit, Georgia
Crosby v. Pittman, Court of Appeals of Georgia, August 20, 2010.  Facts:  Crosby retained Pittman to represent him with respect to a traffic citation.  Pittman advised Crosby that he would need to pay $350 to resolve the citation.  Crosby gave Pittman $350, only to learn that the citation was for $300 and it had never actually… Continue Reading

GA: Underlying Employment Discrimination: Case Within a Case

Posted in Case Within a Case, Georgia, Labor & Employent
Walker v. Burnett,  241 Ga. App. 105,526 S.E.2d 109 (1999) Underlying Action: Discrimination Action (Georgia) Student Contributor: Candice L. Deaner Facts:  Legal malpractice action against attorney who represented Plaintiff in federal employment discrimination action, in which summary judgment was entered in favor of Plaintiff’s employer. The Superior Court, granted summary judgment for Defendant attorney. Client appealed.… Continue Reading