Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 9-15-7 | Car Wreck Lawyer

TITLE 9 CIVIL PRACTICE

Section 15. Court and Litigation Costs, 9-15-1 through 9-15-15.

ARTICLE 2 PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD

9-15-7. Liability of attorney guilty of willful neglect or misconduct for costs.

If any plaintiff is involuntarily dismissed or cast in the action by reason of the willful neglect or misconduct of his attorney, his attorney shall be liable for the costs which may have accrued in the case. In like manner, if any defendant is cast in the action by reason of the willful neglect or misconduct of his attorney, his attorney shall be liable for the costs thereof.

(Laws 1799, Cobb's 1851 Digest, p. 505; Code 1863, § 3602; Code 1868, § 3626; Code 1873, § 3676; Code 1882, § 3676; Civil Code 1895, § 5386; Civil Code 1910, § 5981; Code 1933, § 24-3402.)

JUDICIAL DECISIONS

Attorney's lack of preparation as leading to dismissal.

- Evidence of plaintiff's attorney's failure to prepare adequately for a trial which the attorney had demanded and of which the attorney had ample notice supplied a basis for the trial court's determination that the involuntary dismissal of the appellant's case was due to the willful neglect or misconduct of the plaintiff's attorney so as to justify the imposition of costs against the attorney personally. Cramer, Inc. v. Southeastern Office Furn. Whsle. Co., 171 Ga. App. 514, 320 S.E.2d 223 (1984).

RESEARCH REFERENCES

ALR.

- Attorney's liability for negligence in preparing or conducting litigation, 45 A.L.R.2d 5; 6 A.L.R.4th 342.

Measure and elements of damages recoverable for attorney's negligence with respect to maintenance or prosecution of litigation or appeal, 45 A.L.R.2d 62.

Legal malpractice in connection with attorney's withdrawal as counsel, 6 A.L.R.4th 342.

Measure and elements of damages recoverable for attorney's negligence in preparing or conducting litigation-Twentieth Century cases, 90 A.L.R.4th 1033.

Legal malpractice: negligence or fault of client as defense, 10 A.L.R.5th 828.

No results found for Georgia Code 9-15-7.