Registration Fee:

$150

 

ABUSIVE LITIGATION

RECORDED FEBRUARY 8, 2013

Archived Webcast

CLE Hours:
6 CLE Hours including 1 Ethics Hour, 1 Professionalism Hour and 3 Trial Practice Hours

Presiding:
Frank J. Beltran, Program Co-Chair, The Beltran Firm, Atlanta
Charlotte B. Perrell, Program Co-Chair, Perrell & Wright, LLC, Atlanta

INTRODUCTION AND OPENING REMARKS
Frank J. Beltran

OVERVIEW OF STATUTES RELATING TO ABUSIVE LITIGATION
Charlotte B. Perrell

RECOVERY OF ATTORNEY’S FEES UNDER OCGA §13-6-11

  • Bad Faith
  • Stubbornly Litigious
  • Unnecessary Trouble & Expense
  • Relationship of OCGA §13-6-11 to OCGA §9-15-14 and OCGA §51-7-80, et seq.
  • Relationship of OCGA §13-6-11 to OCGA §33-4-6 and OCGA §51-12-5, 5.1 and 6
  • Introduction of Normally Prohibited Settlement Negotiations via OCGA §13-6-11
  • Ethics Regarding Recovery of Attorney’s Fees

James W. Penland, Attorney at Law, Atlanta

CLAIMS FOR ATTORNEY’S FEES AND EXPENSES UNDER OCGA §9-15-14

  • Statutory Framework and Operation of OCGA §9-15-14
  • OCGA §9-15-14 Damages—Only Attorney’s Fees
    and Costs
  • The Harkleroad and Other Cases: A Primer on Frivolous Litigation
  • Examination of the Overlap Between OCGA §9-15-14 and OCGA §51-7-80

Kim M. Jackson, Hawkins Parnell Thackston & Young, LLP, Atlanta

PROVING ATTORNEY’S FEES AND DEFENDING CLAIMS AND GRIEVANCES

  • Proving Attorney’s Fees Within The Context of
    OCGA §9-15-14 and OCGA §51-7-80 Actions
  • Defending Related Claims and Grievances
    • Attorney Malpractice Claims
    • Attorney Bar Grievances

Charlotte B. Perrell

FRIVOLOUS APPEAL PENALTIES UNDER GEORGIA COURT OF APPEALS RULE 15(B)

  • Provisions of Rule 15(b)
  • Elements of a Frivolous Appeal
    • Absence of supporting law
    • Failure to provide record or transcript on appeal
    • Failure to cite facts or legal authority or
      make argument
    • Misrepresentation of facts or law
    • Obvious use of delaying tactics
  • Changes Over Time in Application of the Rule
  • When and Why the Rule is Applied

Hon. John J. Ellington, Chief Judge, Court of Appeals of Georgia, Atlanta and Soperton

ETHICS PANEL
Related Ethics and Professionalism Issues as to Abusive Litigation Claims
Hon. John J. Ellington
Former Justice Hardy Gregory, Vienna
Antoinette "Toni" Davis Gregory, Carley, Gregory & Gregory, Decatur and Vienna

FEE SHIFTING UNDER THE RULES OF CIVIL PROCEDURE

  • O.C.G.A. §9-11-68 and Offers of Settlement
  • Fed. R. Civ. P. 68 and Offers of Judgment
  • Other Rules

Hugh C. Wood, Wood & Meredith, LLP, Atlanta

LEGISLATIVE CHANGES AND TECHNICAL DEFENSES

  • Overview and Examination of Any Legislation Relating
    to OCGA §9-15-14 and OCGA §51-7-80, et seq.
  • Technical Defenses:
    • Defenses to frivolous litigation claims withdrawal, good faith, substantial justification
    • Proper notice issues
    • Statute of limitations issues
    • Second opinion issues and defenses

Kim M. Jackson