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Call Now: 904-383-7448Attorneys are prohibited from collecting any note or other contract in writing given as a fee in any case in which they have failed to attend to in person or by some competent attorney from the time of employment until the rendition of judgment. Any such note or written contract shall be null and void unless the attorney holding it was, by contract, released from the duty of attending to the case for which it was given. The transfer of such note or obligation subjects an attorney to forfeit and pay to the person from whom the same was taken double the amount thereof, recoverable in any court having jurisdiction of the same, unless the person is saved harmless against all fees, costs, and other necessary expenses on account thereof.
(Laws 1831, Cobb's 1851 Digest, p. 91; Code 1863, §§ 378, 379; Code 1868, §§ 439, 440; Code 1873, §§ 404, 405; Code 1882, §§ 404, 405; Civil Code 1895, §§ 4413, 4414; Civil Code 1910, §§ 4951, 4952; Code 1933, §§ 9-615, 9-616.)
- Associate counsel may not be called upon to perform services by reason of conduct of leading counsel. Cothran v. Brower, 75 Ga. 494 (1885).
- Attorney to whom note is given for professional services, who attends to the cause of the attorney's client while the cause is pending and until the rendition of the judgment, does not fall within this section because the attorney decides not to enter an appeal. Copeland v. Eubanks, 175 Ga. 198, 165 S.E. 3 (1932).
- Failure of consideration cannot be urged against assignee of note who takes the note without notice and before maturity of the note. Copeland v. Eubanks, 175 Ga. 198, 165 S.E. 3 (1932).
Cited in Dickey v. Mingledorff, 110 Ga. App. 454, 138 S.E.2d 735 (1964); O'Kelley v. Evans, 224 Ga. 49, 159 S.E.2d 418 (1968); Alston v. Stubbs, 170 Ga. App. 417, 317 S.E.2d 272 (1984).
- 7 Am. Jur. 2d, Attorneys at Law, § 240.
- Attorney's lien on papers or securities that come into his possession otherwise than in his professional capacity, 2 A.L.R. 1488.
Authority of attorney to employ another attorney at expense of client, 90 A.L.R. 265.
Court rules limiting amount of contingent fees or otherwise imposing conditions on contingent fee contracts, 77 A.L.R.2d 411.
Attorney's right to compensation as affected by disbarment or suspension before complete performance, 24 A.L.R.3d 1193, 59 A.L.R.5th 693.
Amount of attorney's compensation in matters involving real estate, 58 A.L.R.3d 201.
Power of court to order restitution to wronged client in disciplinary proceeding against attorney, 75 A.L.R.3d 307.
Legal malpractice in connection with attorney's withdrawal as counsel, 6 A.L.R.4th 342.
Excessiveness or adequacy of attorneys' fees in matters involving real estate - modern cases, 10 A.L.R.5th 448.
Amount of attorney's fees in matters involving commercial and general business activities, 23 A.L.R.5th 241.
Circumstances under which attorney retains right to compensation notwithstanding voluntary withdrawal from case, 53 A.L.R.5th 287.
Falsehoods, misrepresentations, impersonations, and other irresponsible conduct as bearing on requisite good moral character for admission to bar - Conduct related to admission to bar, 107 A.L.R.5th 167.
Failure to pay creditors as affecting applicant's moral character for purposes of admission to the bar, 108 A.L.R.5th 289.
No results found for Georgia Code 15-19-12.