Legal Question in Legal Malpractice in Georgia

Abusive Litigation

1)I brought a cause of action against

a the wrong business.

2)Once notified of this error, I moved

the court to drop the wrong

defendant and add the correct

defendant; the court did not make

the drop/add.

3)

In a status conference, the judge

indicated my need to substitute the

incorrect party for the correct party.

4)

I spoke with the Defendant�s

attorney who agreed to allow the

substitution.

5)

I moved the court to substitute.

6)

The Defendant argued against the

substitution on legal grounds.

7)

I hired an attorney who did not make

the correct drop/add

8)

Prior to trial, I spoke with the

Defendant's attorney who

informed me that if I dismiss his

client, he would not seek attorney's

fees.

9)

I did file a motion to dismiss and the

defendant was dismissed.

10)

I was just served with the

defendant's post-trial motion for

attorney's fees.

11)

Do I have a defense based on

a- oral agreement to settle, which I

relied on to my detriment

b-my motion to dismiss the

Defendant prior to Court ruling

c-my acting in Good Faith

1 Answer from Attorneys

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