Following a jury’s determination that he was required to pay Kirby Turnage $42,199.84 in unpaid fees and expenses for prior legal representation, $9,424.89 in pre-judgment interest, and $6,329.98 in OCGA § 13-6-11 attorney fees for stubborn litigiousness, Matthew Patton appeals, contending that the trial court erred by: 1 dismissing his counterclaim in which he sought damages allegedly resulting from Turnage’s court-approved withdrawal as his attorney shortly before trial of Patton’s pending divorce case; 2 denying his motion for a directed verdict with regard to the imposition of OCGA § 13-6-11 attorney fees; and 3 denying his motion for a directed verdict with regard to the award of pre-judgment interest on a commercial account. Patton does not appeal the jury’s award of $42, 199.84 for unpaid fees. For the reasons set forth below, we affirm the trial court’s rulings regarding Patton’s counterclaim and the award of pre-judgment interest, and we reverse the award of attorney fees under OCGA § 13-6-11. In the light most favorable to the jury’s verdict, the record shows that, in 1994, Patton hired Turnage to represent him in a divorce action, with Patton, a lawyer himself, acting as co-counsel. Turnage’s representation of Patton continued until August 1996, when Turnage petitioned the trial court to withdraw from the case. Turnage maintained that the philosophy of Patton about the handling of the case was incompatible with his own. Turnage’s motion to withdraw was filed on August 21, 1996, less than one month before the divorce trial was scheduled to begin on September 16, 1996. After a hearing, the trial court granted Tunage’s request for withdrawal. Patton voiced no opposition to the motion and did not appeal the ruling.
At the time of the withdrawal, Turnage’s outstanding bill for representing Patton was almost $40,000. Although Turnage sent Patton monthly statements, the bill remained unpaid, and, on May 24, 1999, Turnage filed suit for the unpaid balance. On August 14, 2001, the trial court granted partial summary judgment to Turnage, finding that Patton was liable to Turnage for unpaid fees and expenses and ordered that the matter be set for trial with regard to damages. After the trial, the jury awarded Turnage $42,199.84 for prior expenses and legal representation, $9,424.89 in interest, and $6,329.98 in OCGA § 13-6-11 attorney fees for stubborn litigiousness.
