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Keywords

lawsuitdefendantdamagesattorneymalpracticedivorcelegal malpracticebad faith

lawsuitplaintiffdefendantdamagesattorneylawyerappealtrialverdictdivorcebad faith

Related Cases

Patton v. Turnage, 260 Ga.App. 744, 580 S.E.2d 604, 03 FCDR 1135

Facts

In 1994, Matthew Patton hired attorney Kirby Turnage to represent him in a divorce case, with Patton acting as co-counsel. Turnage withdrew from the case in August 1996, citing a philosophical incompatibility with Patton, and the court approved this withdrawal without opposition from Patton. After Turnage filed suit for unpaid fees in 1999, a jury awarded him $42,199.84 for legal representation, along with pre-judgment interest and attorney fees for stubborn litigiousness.

Viewed in the light most favorable to the jury's verdict, the record shows that, in 1994, Patton hired Turnage to represent him in a divorce action, with Patton, a lawyer himself, acting as co-counsel. Turnage's representation of Patton continued until August 1996, when Turnage petitioned the trial court to withdraw from the case.

Issue

The main legal issues were whether Patton's counterclaim against Turnage for damages due to the withdrawal was valid, whether the award of attorney fees for stubborn litigiousness was justified, and whether the fees were liquidated and subject to pre-judgment interest.

Rule

The court applied the principle that attorney withdrawal with court permission cannot constitute legal malpractice, and that attorney fees can be awarded under OCGA § 13–6–11 if the defendant acted in bad faith, was stubbornly litigious, or caused unnecessary trouble and expense.

OCGA § 13–6–11 allows recovery of attorney fees if the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.

Analysis

The court found that Patton's counterclaim was barred because he did not oppose Turnage's withdrawal at the time it was sought, and thus could not later challenge the ruling. The jury had sufficient evidence to conclude that Patton was stubbornly litigious, as he failed to dispute the bills until after the lawsuit was filed. However, the court determined there was insufficient evidence to support the reasonableness of the attorney fees claimed by Turnage.

Conclusion

The court affirmed the judgment in favor of Turnage for unpaid fees and pre-judgment interest but reversed the award of attorney fees for stubborn litigiousness due to lack of evidence.

Who won?

Kirby Turnage prevailed in the case, as the court upheld his claim for unpaid fees and pre-judgment interest, finding that Patton's counterclaim was without merit.

Following a jury's determination that he was required to pay Kirby Turnage $42,199.84 in unpaid fees and expenses for prior legal representation, $9,424.89 in pre-judgment interest, and $6,329.98 in OCGA § 13–6–11 attorney fees for stubborn litigiousness, Matthew Patton appeals.

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