Abusive Litigation '12

Recorded February 3, 2012

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

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 & Expense
  4. Relationship of OCGA §13-6-11 to OCGA §9-15-14 and
    OCGA §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 AND DEFENDING CLAIMS AND GRIEVANCES

  1. Proving Attorney’s Fees Within The Context of OCGA
    §9-15-14 and OCGA §51-7-80 Actions
  2. Defending Related Claims and Grievances
    • Attorney malpractice claims
    • Attorney bar grievances

Charlotte B. Perrell
Frank J. Beltran

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

  1. Provisions of Rule 15(b)
  2. 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
  3. Changes Over Time in Application of the Rule
  4. When and Why the Rule is Applied

Hon. J. D. Smith, Presiding Judge, Court of Appeals of
Georgia, Atlanta

LEGISLATIVE CHANGES AND TECHNICAL DEFENSES

  1. A. Overview and Examination of Any Legislation Relating
    to OCGA §9-15-14 and OCGA §51-7-80, et seq.
  2. 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, Hawkins & Parnell, Atlanta

FEE SHIFTING UNDER THE RULES OF CIVIL PROCEDURE

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

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

ETHICS- Related Ethics and Professionalism Issues as to Abusive Litigation Claims

Hon. Robert Benham, Justice, Supreme Court of Georgia, Atlanta