X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Melanie Durden appeals the dismissal of her challenge to an arbitrator’s award in favor of attorney Eldridge Suggs IV, in a dispute over the fee he charged for defending her son in a criminal action. She contends the superior court’s dismissal was clearly erroneous and that the court erred by dismissing her complaint without sufficient findings of fact and conclusions of law, by dismissing the complaint without allowing her sufficient time to conduct discovery, and by affirming an arbitrator’s award that was not supported by evidence. We affirm. The record shows that the Legal Service Retainer Agreement Durden signed contained the following provision: ARBITRATION. Should any fee dispute arise between us, we mutually agree that such dispute will be subject to binding arbitration pursuant to any Georgia State Bar Association arbitration program. The prevailing party in any arbitration or court proceedings relating to this agreement shall be awarded its reasonable attorneys fees. In addition to the foregoing award of Attorneys fees to the prevailing party, in the event legal action is required to enforce this agreement, the prevailing party shall be entitled to a reasonable attorney’s fees to collect or enforce the judgment. Emphasis supplied. In accordance with this provision, Durden submitted to arbitration her claim that Suggs was not entitled to retain the fee she paid him, and the State Bar Arbitrators issued an award as follows:

The Arbitrators find as follows: 1. The petitioner paid $6,400 to Respondent. 2. Parties agree $1700 was earned by attorney. OCGA § 15-19-11 is only applied to the $1700 fee earned. 3. Petitioner claims $4700 in dispute with no retainer agreement between the parties. 4. Fair market value of service in both Court cases of all representation at a minimum of $175 per hour at a minimum of 30 hours is in excess of the $4700 in dispute between the parties. The parties agree that a minimum of 30 hours of time has been spent by respondent in both cases. 5. No award to Petitioner for $4700 in dispute; however, it must be noted that the dispute was brought about by lack of communication and presentment of file documents and Statement of Service to Petitioner by Respondent. Had Respondent timely communicated with his client this Arbitration would not have been necessary. Not satisfied with this award, Durden filed “Plaintiffs’ Objection to an Arbitration Award or, Alternatively, Motion to Vacate a Void Arbitration Award or, Complaint for Damages and Demand for Jury Trial.” The complaint recited the history of the dispute, asserted why the award was wrong factually, and alleged that the award was the result of Suggs’s “fraudulent acts during the bar proceeding fraud by concealment, silence and allowing the bar to act under false illusions.” She further contended that her evidence was ignored. Durden later amended her complaint to refine and restate her allegations. The Amended Complaint stated

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

CLIENT SERVICES/Hospitality REPRESENTATIVE-FLORIDA OFFICE Prominent mid-Atlantic law firm with multiple regional office locations seeks a f...


Apply Now ›

Prominent mid-Atlantic law firm with multiple regional office locations seeks a legal practice assistant (LPA) for our Boca Raton, FL. Offic...


Apply Now ›

Description: Fox Rothschild has an opening in the Philadelphia, PA office for a litigation associate. The ideal candidate will have two to t...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›