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  • In The Matter Of Donald Edward Smart

    Publication Date: 2018-03-21
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Wolanda R. Shelton, Paula J. Frederick, Jenny K. Mittelman (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Donald Edward Smart (The Smart Law Firm), Stratford, for appellee.
    Case Number: S18Y0511

    The Supreme Court imposed a Review Panel reprimand on an attorney for his violation of Georgia Rules of Professional Conduct 1.1, 1.2 (a), 1.3 and 1.4 in connection with his representation of a client.

  • In The Matter of Adam Lorenzo Smith.

    Publication Date: 2018-03-05
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Brian Steel (The Steel Law Firm, PC.), Atlanta; Bruce H. Morris (Finestone & Morris), Atlanta, for appellant.
    for defendant: Andreea N. Morrison, Paula J. Frederick, Jenny K. Mittelman (State Bar of Georgia), for appellee.
    Case Number: S18Y0484

    Attorney Convicted of Conspiracy to Commit Bribery Was No Longer Qualified to Practice Law

  • In The Matter Of Richard V. Merritt.

    Publication Date: 2018-03-02
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Richard Vinson Merritt (The Merritt Firm, LLC), Smyrna, for appellant.
    for defendant: Paula J. Frederick, Jenny K. Mittelman (State Bar of Georgia), Atlanta, for appellee.
    Case Number: S18Y0387

    Attorney's Failure to Disburse Client Funds to Client and Failure to Provide Accounting Warranted Termination of License to Practice

  • The Law Offices Of Jorge Luis Flores, LLC v. Cruz & Associates

    Publication Date: 2018-02-16
    Practice Area: Administrative Law | Attorney Compensation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Ricardo DeMedeiros (The Law Office of Rick J. DeMedeiros, PC), Conyers, for appellant.
    for defendant: Ronald Pellitero (Cruz & Associates), Atlanta, for appellee.
    Case Number: A17A1983

    The trial court erred in reversing the Appellate Division of the State Board of Workers Compensation's decision affirming an award of attorney fees to former counsel in a worker's compensation case because, applying the appropriate standard of review, there was sufficient evidence below to support the award of attorney fees.

  • Bishop v. Goins et al.

    Publication Date: 2018-01-18
    Practice Area: Attorney Rates and Arrangements | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: William Turner (Turner & Lawrence, P.C.), Jackson, for appellant.
    for defendant: Hays McQueen (Jones Cork & Miller LLP), Macon, for appellee.
    Case Number: A17A2058

    The trial court was authorized to award plaintiffs attorney fees after they successfully petitioned the superior court for stalking protective orders against defendants and defendants unsuccessfully appealed, as O.C.G.A. § 16-5-94 (d) (3) authorizes such awards in connection with appellate proceedings.

  • Law Journal Press | Digital Book

    Winning at Trial: Insights from the Bench and Leading Litigators

    Authors: David R. Marriott

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  • In The Matter Of John F. Meyers.

    Publication Date: 2017-12-27
    Practice Area: Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Jonathan Winslow Hewett, Jenny K. Mittelman, Paula J. Frederick (State Bar of Georgia), Atlanta, for appellant.
    for defendant: S. Lester Tate, III, W. Matthew Wilson (Akin & Tate PC), Cartersville, for appellee. Herman Maddox Kilgore (Kilgore & Rodriguez LLC), Marietta, Bridget B. Bagley, Atlanta; David Anthony LaMalva, (LaMalva Geoffroy & Oeland PC), Conyers; Anthony B. Askew, Atlanta, for other party.
    Case Number: S17Y1593

    The Supreme Court suspended an attorney from the practice of law for two years for his violations of various Georgia Rules of Professional Conduct in connection with improper billing to his law firm's corporate client.

  • Smith v. Northside Hospital, Inc. et al.

    Publication Date: 2017-11-30
    Practice Area: Government | Public Records
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Peter Crane Canfield, Brian Charles Lea (Jones Day), Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Bryan Eugene Bates, James Randolph Evans, Nathan L. Garroway (Dentons US LLP), Atlanta; Stephen Derek Bauer, Ian Kyle Byrnside, James C. Rawls (Baker Hostetler LLP), Atlanta, for appellee. David E. Hudson, James Brian Ellington (Hull Barrett, PC), Augusta; Steven Elliot Scheer (Scheer Montgomery & Call), Savannah; Sarah Renee Craig (Akerman LLP), Tampa, for amicus appellant. Lee Barrett Carter, Norman S. Fletcher (Brinson Askew Berry Seigler Richardson & Davis, LLP), Rome; Jonathan C. Peters (Peters & Monyak, LLP), Atlanta; Steven P. Gilliam, Roger Brent Hatcher, Jr. (Smith, Gilliam, Williams & Miles, P.A.), Gainesville; Kelly Jean Long Pridgen (Association County Commissioners of Georgia), Atlanta; G. Joseph Scheuer (Assistant General Counsel), Atlanta, for amicus appellee. Annette M. Cowart, Sarah Hawkins Warren, Russell David Willard, Christopher M. Carr (Department of Law), Atlanta, for neutral amicus. Charles T. Huddleston, S. Wade Malone, Jessica Rutledge Watson (Nelson Mullins Riley & Scarborough LLP), Atlanta; Jeremy Patrick Burnette, Sidney Summers Welch (Polsinelli, P.C.), Atlanta; Edward Charles Konieczny (Edward C. Konieczny LLC), Atlanta, for other party.
    Case Number: S16G1463

    The trial court and Court of Appeals applied the wrong legal standard in dismissing attorney's action to compel hospital to provide him with access to certain documents in response to his request under the Georgia Open Records Act.

  • Benson et al. v. Ward

    Publication Date: 2017-11-21
    Practice Area: Legal Malpractice
    Industry: Legal Services
    Court: Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A0661

    The trial court erred in denying attorney's motion for summary judgment in former client's legal malpractice action because former client could not show that attorney's actions were the proximate cause of damages to the client.

  • Intercontinental Services of Delaware, LLC v. Kent

    Publication Date: 2017-10-30
    Practice Area: Civil Procedure | Corporate Entities | Wrongful Death
    Industry: Transportation
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A0917

    The trial court erred in denying defendant's motion to dismiss plaintiff's wrongful death suit for lack of personal jurisdiction, because defendant did not transact any business in Georgia and did not solicit business, or engage in any other persistent course of conduct, in Georgia.

  • Robert H. McNair, As Co-Executor of The Estate of W. O. McNair v. Richard

    Publication Date: 2017-10-18
    Practice Area: Attorney Compensation | Trusts and Estates
    Industry:
    Court: Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Stuart Walker, Amy Fletcher (Martin Snow, LLP), Macon, for appellant.
    for defendant: Cheryle Bryan (Attorney at Law), Ashburn; William Gregory (Attorney at Law), Vienna; Dustin Land (Bryan and Land, LLC), Ashburn, for appellee.
    Case Number: A17A0961

    The trial court erred in awarding attorney fees to appellant in a will contest because the superior court made several findings of fact based on conduct that occurred while the case was under the jurisdiction of the probate court, prior to the appeal of the probate court's order to the superior court, and there was nothing in the record to show that motions appellant's counsel filed lacked merit or were frivolous and no evidence to support a finding that appellant conducted himself improperly in the superior court, unnecessarily expan