Landau v. Davis Law Group PC

On June 22, 2001, Dawn Landau hired the Davis Law Group, P. C., to represent her in a divorce action. On February 11, 2002, the parties reached a settlement agreement in the divorce action. About a month later, Davis issued a bill to Landau for services rendered in the amount of $29,936. On July 1, 2002, Davis issued another bill, claiming a new balance of $31,774 due to additional service charges. On September 27, 2002, Davis filed the instant lawsuit against Landau, seeking to collect unpaid attorney fees. Landau filed an answer to the complaint and a counterclaim alleging professional malpractice by Davis in its representation of her in the divorce action. Davis moved to dismiss the counterclaim on the ground that Landau had failed to file an expert’s affidavit contemporaneously with the claim as required by OCGA § 9-11-9.1. The trial court granted the motion and dismissed Landau’s malpractice counterclaim.

The case proceeded to a jury trial and the jury returned a verdict in favor of Davis, awarding it $14,495 in fees and expenses. The trial court entered judgment for Davis in that amount plus additional fees provided for by contract, for a total judgment of $16,669. On the face of its final judgment, the court further ordered that a writ of fieri facias shall issue instantly. Landau appeals.