Registration Fee:

$160

CLE Hours

6 CLE Hours
including
1 Ethics Hour , 1 Professionalism
Hour and
6 Trial Practice
Hours

 

 

ABUSIVE LITIGATION

Recorded February 9, 2007
Presiding:
Frank J. Beltran, Program Co-Chair, Beltran & Associates, Atlanta
Charlotte B. Perrell, Program Co-Chair, Perrell & Wright, LLC, Atlanta
INTRODUCTION AND PROGRAM OVERVIEW
Frank J. Beltran
CLAIMS FOR ATTORNEY’S FEES AND EXPENSES UNDER OCGA §9-15-14
  1. Statutory Framework and Operation of OCGA §9-15-14
  2. OCGA §9-15-14 Damages - Only Attorney’s Fees and Costs
  3. The Harkleroad and Other Cases:  A Primer on Frivolous Litigation
  4. Examination of the Overlap Between OCGA §9-15-14 and OCGA §51-7-80

Christine L. Mast, Hawkins & Parnell, Atlanta
RECOVERY OF ATTORNEY’S FEES UNDER OCGA §13-6-11
  1. Bad Faith
  2. Stubbornly Litigious
  3. Unnecessary Trouble and Expense
  4. Relationship of OCGA §13-6-11 to OCGA §9-15-14 and 51-7-80 et seq.
  5. Relationship of OCGA §13-6-11 to OCGA §33-4-6 and OCGA §51-12-5, 5.1 and 6
  6. Introduction of Normally Prohibited Settlement Negotiations via OCGA §13-6-11
  7. Ethics Regarding Recovery of Attorneys Fees

James W. Penland, Attorney at Law, Atlanta
PROVING ATTORNEY’S FEES
  • Proving Attorney’s Fees within the Context of OCGA §9-15-14 and OCGA §51-7-80 Actions
  • New Developments Concerning Defending:
    • OCGA §9-15-14 claims filed against attorneys
    • OCGA §51-7-80 et seq., claims filed against attorneys, and
    • Attorney malpractice claims

Charlotte B. Perrell
APPEALS
  1. Jurisdictional Problems
  2. Appellate Court Jurisdiction
  3. Reasons for Grant or Denial of OCGA §9-15-14
  4. Discretionary Appeals by the Appellate Courts

Hon. J. D. Smith, Presiding Judge, Court of Appeals of Georgia, Atlanta
LEGISLATIVE CHANGES AND TECHNICAL DEFENSES
  1. Overview and Examination of Any Legislation Relating to OCGA §9-15-14 and OCGA §51-7-80, Et Seq.
  2. Technical Defenses:
    1. Defenses to frivolous litigation claims withdrawal, good faith, substantial justification
    2. Proper notice issues
    3. Statute of limitations issues
    4. Second opinion issues and defenses

Kim M. Jackson, Hawkins & Parnell, Atlanta
CURRENT COURT RULINGS ON SB-3 AND  LANDMINES FOR LAWYERS IN GEORGIA AT THE  TRIAL LEVEL AND ON APPEAL
  1. SB-3 at Trial Level
  2. SB-3 at Appellate Level
  3. Recent Legislative Efforts in Georgia General Assembly

Hugh C. Wood, Wood & Meredith, LLP, Tucker
PERSPECTIVES OF OCGA §9-15-14 AND OCGA §51-7-80, ET SEQ.:  ACTIONS FROM THE TRIAL BENCH; THE OCGA §9-15-14 EVIDENTIARY HEARING; LIMITS OF TRIAL COURT JURISDICTION
Hon. T. Jackson Bedford, Jr., Judge, Superior Court of Fulton County, Atlanta
ETHICS
  1. Defending OCGA §51-7-80 Claims
  2. Defending OCGA §9-15-14 Claims
  3. Reasons for Imposition of Penalties under Appellate Courts’ Rules

Hon. P. Harris Hines, Justice, Supreme Court of Georgia, Atlanta