Georgia | Legal Malpractice
Legal Question
Abusive Litigation
1)I brought a cause of action against
a the wrong business.
2)Once notified of this error, I moved
the court to drop the wrong
defendant and add the correct
defendant; the court did not make
the drop/add.
3)
In a status conference, the judge
indicated my need to substitute the
incorrect party for the correct party.
4)
I spoke with the Defendant’s
attorney who agreed to allow the
substitution.
5)
I moved the court to substitute.
6)
The Defendant argued against the
substitution on legal grounds.
7)
I hired an attorney who did not make
the correct drop/add
8)
Prior to trial, I spoke with the
Defendant's attorney who
informed me that if I dismiss his
client, he would not seek attorney's
fees.
9)
I did file a motion to dismiss and the
defendant was dismissed.
10)
I was just served with the
defendant's post-trial motion for
attorney's fees.
11)
Do I have a defense based on
a- oral agreement to settle, which I
relied on to my detriment
b-my motion to dismiss the
Defendant prior to Court ruling
c-my acting in Good Faith


