O.C.G.A.

O.C.G.A. § 9-15-7 (2019)

Liability of attorney guilty of willful neglect or misconduct for costs

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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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.)

Annotations

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 involun-

tary 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 ALR2d 5; 6 ALR4th 342. Measure and elements of damages recoverable for attorney’s negligence with respect to maintenance or prosecution of litigation or appeal, 45 ALR2d 62. Legal malpractice in connection with

attorney’s withdrawal as counsel, 6 ALR4th 342. Measure and elements of damages recoverable for attorney’s negligence in preparing or conducting litigation-Twentieth Century cases, 90 ALR4th 1033. Legal malpractice: negligence or fault of client as defense, 10 ALR5th 828.

Notes of Decisions

Cited in 1 case, 1984–1984 · leading case: Cramer, Inc. v. Se. Off. Furniture Wholesale Co., 320 S.E.2d 223 (Ga. Ct. App. 1984).

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Cramer, Inc. v. Se. Off. Furniture Wholesale Co., 320 S.E.2d 223 (Ga. Ct. App. 1984). · cites it 4× “Additionally, the trial court sua sponte invoked the provisions of OCGA § 9-15-7 and ordered that costs be paid by T.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.