News You Can Use

December 3, 2004

Malpractice Suit Against Lawyer Ok'd

In 1996 Barnes entered into a financial agreement over the sale of his business with buyers who agreed to a $220,000 price, paid out over 10 years. Barnes’ attorney however, allegedly did not warn him at the that under Georgia state law, all financial statements have to be renewed in five years to remain in effect. As a result, the documents lapsed in 2001 and the buyers have since defaulted on the agreement.

Turner insists that he did warn the client of the statute during the initial representation.

The highest court in the state was divided with four ruling in favor of Barnes pursuing the lawsuit and three dissenting. In the dissent, the justices argued that the ruling “destroys any notion of finality attorneys may hope to have in any aspect of their employment”. Judge Robert Benham went on to write that the duties of continuous representation “could outlast not only the period of the attorney-client relationship, but even the attorney’s life.”

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