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Woods v. Jones

Under Georgia law, an attorney's lien is considered an open account and subject to a 4-year statute of limitation, which begins to run when the right of action accrues.

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Kimberly D. Woods settled a medical malpractice action in January 2008 and thereafter dismissed the underlying action with prejudice in February 2008. The trial court granted her former attorney’s motion to vacate the dismissal and to foreclose his lien for attorney fees. Woods appeals. She contends that the trial court’s decision was erroneous, arguing that the attorney’s lien was barred by the statute of limitation and that the trial court lacked jurisdiction and venue to determine the merits of the motion. She further argues that the trial court’s decision erroneously denied her the right to a jury trial on the amount of the fees owed. We discern no error and affirm. The record shows that Woods and her husband hired Bobby Jones’s law firm to represent them in a medical malpractice lawsuit involving negligent treatment that was rendered to the husband. According to the executed employment contract, the Woods agreed to pay Jones a contingency fee of 40 “from the gross proceeds of recovery.”

After Jones determined that the litigation would be complex and expensive, Jones obtained co-counsel to assist him with the lawsuit. On January 15, 1999, Jones and his co-counsel filed the medical malpractice action on the Woods’ behalf. During the course of the litigation, Jones coordinated with his co-counsel, attended numerous meetings, had regular telephone conferences, and engaged in extensive discovery in pursuit of the Woods’ claim. While representing the Woods, Jones spent approximately 151 hours working on the case and incurred expenses in the approximate amount of $1,298.

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