OTS Inc. v. Weinstock Scavo PC

The trial court erred in denying summary judgment to law firm on its counterclaim in plaintiffs' legal malpractice suit.

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This appeal arises from a legal malpractice suit filed by OTS, Inc.,1 “OTS” and Charlton Lester collectively with OTS, “the plaintiffs” against Weinstock Scavo, P. C., “WS” and Louis Cohan collectively with WS, “the defendants” with regard to the defendants’ representation of the plaintiffs in a sexual harassment lawsuit. The defendants counterclaimed for breach of a note and failure to pay attorney fees arising from the sexual harassment suit. After a trial, the jury returned a verdict on the legal malpractice claim in favor of the defendants, but found in favor of the plaintiffs with regard to the counterclaims.

In Case No. A16A1449, the plaintiffs appeal, arguing that the trial court erred by ruling 1 that OTS could not recover attorney fees, 2 that OTS could not assert claims of breach of fiduciary duty and breach of duty of good faith and fair dealing in addition to claims of malpractice, 3 that Lester released his claims by signing a promissory note, and 4 that WS’s liability was derivative of Cohan’s; and 5 they argue that the trial court abused its discretion by excluding expert witness testimony. In Case No. A16A1450, the defendants argue that the trial court erred 1 by denying summary judgment to them on their counterclaim against Lester; 2 by denying summary judgment on their counterclaim against OTS based on the release provision contained in the promissory note; and 3 by denying their claims for attorney fees and costs under OCGA § 9-11-68. For the reasons that follow, we affirm the judgment in part, reverse the judgment in part, and vacate the order on attorney fees, remanding the case for further proceedings consistent with this opinion.

OTS Inc. v. Weinstock Scavo PC

The trial court erred in denying summary judgment to law firm on its counterclaim in plaintiffs' legal malpractice suit.

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