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Tolson v. Sistrunk

The plaintiff law firm was authorized to file an attorney's lien on the medical malpractice action successor counsel filed, as O.C.G.A. § 15-19-14 subsection b affords protection to former counsel who performed legal work for a client in anticipation of filing a lawsuit, even if successor counsel ultimately filed the suit.

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This case involves a dispute between counsel over the validity of an attorney’s lien filed pursuant to OCGA § 15-19-14 b and the apportionment of fees under the lien. Following an evidentiary hearing, the trial court apportioned 30 percent of the attorney’s fees to Cochran, Cherry, Givens, Smith Sistrunk, P.C. the “Cochran Firm”, concluding that it was entitled to 25 percent of the fees for originating the case and 5 percent of the fees for the pre-suit legal work it performed. Audrey Tolson and the Tolson Firm, P.C. collectively, “Tolson” appeal the trial court’s fee award, arguing that the attorney’s lien filed by the Cochran Firm was invalid and that the firm should not have been awarded a percentage of the fees for originating the case. Tolson also argues that there was insufficient evidence to support the trial court’s award of 5 percent of the fees to the Cochran Firm for its pre-trial legal work.

For the reasons discussed below, we conclude that the attorney’s lien filed by the Cochran Firm was valid and that there was evidence to support the trial court’s award of 5 percent of the fees to the firm for its pre-trial legal work. However, we also conclude that the trial court erred in awarding the Cochran Firm 25 percent of the fees for originating the case, and we therefore reverse that portion of the trial court’s fee award and remand with the direction that those fees instead be distributed to Tolson.

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