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Legal Malpractice; Excessive Fees; Abusive Litigation |
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After the Client, a family-owned corporation, had fired its previous attorney, that attorney sued the Client for his attorney’s fees. The Firm defended the Client, and defeated the previous lawyer’s claim, proving that the fees he had been charging were unreasonable and unearned. The Firm then filed a new suit against the lawyer for having initiated abusive litigation against the Client. Shortly before that trial was to begin, the lawyer paid the Firm’s settlement demand in full. The Client therefore was made whole and recovered all its damages and costs of litigation from the prior lawyer. |
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Accountants; Expert Witness Fees; Suit on Account; Trial |
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A large Atlanta accounting firm had been hired by another law firm to provide expert witness testimony in a complex business dispute suit involving AT&T. The accountants had spent hours analyzing financial records and providing expert opinions for the law firm. The law firm, however, lost the case and then refused to pay the accountants’ expert- witness fees. The accounting firm hired the Firm to collect the money owed. The defendant “stonewalled” and refused to pay. The case went to trial, and the Firm recovered 100% of the Clients’ fees, plus interest, from the defaulting law firm. |
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Attorneys; Conflict of Interest; Shareholders' Claims |
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When two friends decided to start a new company, they hired a law firm to incorporate the business. Their lawyers issued stock in the new company to themselves in addition to charging a fee for the incorporation work. Later, when the company became highly profitable, the lawyers claimed a share of the profits, attempted to take control of the business, and sued to enforce their rights as shareholders. The Firm counterclaimed against the lawyers, defended the business owners, defeated the lawyers’ claims, and obtained 100% ownership of the company’s stock for the Clients. |
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Promisory Note; Interest; Attorneys; Conflict of Interest |
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An attorney borrowed almost half-a-million dollars from an aging Client on a long-term note, but failed to make the interest payments on time, which the Client failed to notice. When a relative of the Client became involved in managing his affairs for him, the default was discovered and a demand for full payment of the principle and all past-due interest was made on the attorney. The attorney, however, refused to pay the demand, claiming that the note’s compounded interest calculation was illegal, and that a subsequent note, with simple interest only, had been substituted for the original. The Firm was retained, and the full amount of the principle due, plus all interest as provided for in the note, was collected for the Client. |
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Disbarment; License Reinstatement; Disciplinary Proceeding |
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The Firm represented a former attorney who had been disbarred for forging prescriptions to obtain controlled substances to support his drug addiction. After he successfully was treated for his addiction and fully rehabilitated, the Firm was successful in getting him reinstated and in convincing the Bar to waive certain requirements that had been established after he had initially been admitted to practice. |
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