Abusive Litigation '13

Recorded February 8, 2013

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, Hawkins Parnell Thackston & Young, LLP, Atlanta