In Case No. A07A1369, Attorney Robert McFarland appeals a trial court’s order allowing his former client Laura Amstead to recoup attorney fees, arguing that he should have been awarded more fees than he was allowed to retain under the theory of quantum meruit. In the related Case No. A07A1357, Laura Amstead appeals a separate trial court’s order granting summary judgment to McFarland on her legal malpractice claims, arguing that genuine issues of material fact remain as to whether McFarland’s alleged malpractice was the proximate cause of her damages, including loss of use damages, punitive damages, OCGA § 13-6-11 attorney fees, and damages for intentional infliction of emotional distress. In the interest of judicial economy, we consolidate these cases for review, and for the reasons set forth below, we affirm in both cases. The undisputed evidence shows that in March 2003, Amstead and her ex-husband signed a contingency fee agreement to have McFarland represent them in a wrongful death claim, which arose from the death of their adult son in a motor vehicle accident. Several months after the lawsuit was filed in Gwinnett County, Amstead e-mailed McFarland to inform him that she was uneasy about having to respond to discovery and about having to deal with her ex-husband, and thus wanted out of the case. McFarland responded to Amstead, via e-mail, that the chances of recovery would be better if she remained in the case, but that if she still wanted out he would “need a letter from you, not an e-mail, demanding that I move the court to have your sic removed as plaintiff in the case and stating that you will have no further involvement with the matter including distribution of funds which will go entirely to your ex-husband.” Amstead responded in a letter dated October 20, 2003, which stated in part: “I am demanding that you move the court to have me removed as plaintiff in the case. I will have no further involvement with the matter including the distribution of funds which will go entirely to my ex-husband.” Consequently, on November 5, 2003, McFarland filed Amstead’s Notice of Withdrawal from the wrongful death case, which stated that she “hereby withdraws as plaintiff of record. Any and all interest that she has in this case is transferred to . . . Robert Alan Amstead.”
In November 2004, McFarland settled the wrongful death action for $325,000 on behalf of Amstead’s ex-husband. McFarland informed Amstead of the settlement and requested that she sign the settlement and release agreement, which stated that she was waiving any claims against the defendants. When Amstead refused, McFarland filed a motion to enforce settlement, arguing that Amstead had transferred her interest to her ex-husband and that her signature was not necessary to the settlement. After receiving a service copy of the motion, which cited to OCGA § 19-7-1, Amstead informed McFarland that she believed she was entitled to a portion of the settlement. Shortly thereafter, Amstead’s new counsel contacted McFarland to notify him that Amstead would be seeking an equitable apportionment of the settlement and to request that he hold all funds in trust pending resolution of that issue. The trial court then entered an order enforcing the settlement, in which it noted that Amstead could claim an interest in the proceeds but also authorized McFarland “to immediately receive his contracted fees and any authorized expenses of litigation.” Pursuant to that order, McFarland claimed that his contracted fees totaled $108,333.34.
