Attorney David N. Levine sued Television Cablecasting, Inc. TCI for attorney fees arising from his representation of TCI during a divorce between TCI’s sole shareholder, Thomas Cassidy, and his wife, Susan Fasse. TCI counterclaimed for legal malpractice and breach of fiduciary duty. The trial court granted TCI’s motion for summary judgment on Levine’s claim, ruling that he was bound by the final judgment in the divorce case requiring Cassidy, not TCI, to pay his legal fees. The court also denied Levine’s motion for summary judgment on TCI’s counterclaims. Levine appeals both rulings. We affirm the grant of summary judgment to TCI on the main claim, but reverse the denial of summary judgment to Levine on the counterclaims. In December 1993, Fasse sued Cassidy for divorce in the Cobb County Superior Court. She also sought the title to a farm in Illinois that she had inherited in 1982 but later transferred to TCI,1 which was then wholly-owned by Cassidy. Cassidy asked Levine, his long-time attorney and friend, to represent TCI in the divorce proceeding. In April 1995, the court dismissed TCI from the case. Cassidy then asked Levine to represent him personally in the divorce.
On May 19, 1995, a jury awarded Fasse all the stock of TCI, including the farm, as alimony and an equitable division of marital property. The verdict emphasized that Fasse was to receive the farm “free and clear of any liens and indebtedness.” The verdict also provided that Cassidy would pay any fees due to Levine. The court later entered a final judgment and decree that stated: Fasse is awarded . . . 100 of the stock in TCI, which shall include the Illinois farm . . . , which shall be transferred immediately. Said transfer shall be from Cassidy to Fasse free and clear of any and all right, title, or interest of Cassidy and free and clear of all liens, and any indebtedness whatsoever. . . . Cassidy shall immediately satisfy and assume any and all liens, encumbrances, attorney’s fees and moneys owed to attorney David Levine . . . Ten days before the jury award, Levine had filed a lien against the Illinois farm for TCI’s attorney fees, even though there was a standing order in the divorce case prohibiting the parties from encumbering any property they owned. After the jury award, Levine billed TCI for $42,765.35 for his legal services. At some point after Levine sent that bill, he and Cassidy drafted a backdated engagement letter purporting to obligate TCI to pay Levine’s attorney fees. Levine has not attempted to collect any fee from Cassidy for his work in the divorce case.
