
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