Davis v. Findley

Decision Date01 December 1992
Docket NumberNo. S92G0457,S92G0457
Citation422 S.E.2d 859,262 Ga. 612
PartiesDAVIS, et al. v. FINDLEY.
CourtGeorgia Supreme Court

William N. Withrow, Jr. and A. William Loeffler, Troutman, Sanders, Lockerman & Ashmore, Atlanta, for Davis.

Taylor W. Jones and Rebecca A. Copeland, Jones, Brown, Brennan & Eastwood, Atlanta, for Findley.

BELL, Presiding Justice.

We granted certiorari to the Court of Appeals in Findley v. Davis, 202 Ga.App. 332, 414 S.E.2d 317 (1991), to determine "whether the plaintiff's allegation that the defendants charged excessive fees for legal services is sufficient to sustain a claim for legal malpractice." We conclude that it does not, and find that the Court of Appeals erred in ruling otherwise.

Appellee Findley sued the appellants, Davis and his professional corporation, alleging, inter alia, legal malpractice on the ground that "[d]efendant's fee in connection with the ... Lakeview Mobile Home Park sale constitute(s) illegal and clearly excessive fees in violation of the Canon of Ethics of the State Bar of Georgia." 1 In support of his claim the appellee attached an affidavit in which the affiant opined that if the appellee's allegation were true, then the appellants' collection of excessive fees constituted malpractice. The trial court granted summary judgment to the appellants but the Court of Appeals reversed in part, ruling in connection with the mobile home park sale that, notwithstanding the existence of a valid and binding fee contract, a jury question existed as to whether the appellants' collection of an allegedly "clearly excessive fee" in violation of the Georgia Code of Professional Conduct supplied the elements necessary to sustain an action for professional malpractice. Findley, supra, 202 Ga.App. at 335-37, 414 S.E.2d 317(2b).

The Code of Professional Responsibility, DR 2-106(A), provides that a lawyer should not "enter into an agreement for, charge or collect an illegal or clearly excessive fee." Moreover, Standard 31 of Bar Rule 4-102(d) prohibits the charging of a "clearly excessive fee," a violation of which is subject to disciplinary action, see Bar Rule 4-102(b). Whether an attorney's alleged violation of an ethical duty imposed by statute or by the Code of Professional Conduct gives rise to a cause of action independent of the imposition of remedies provided by the bar rules has been considered in this state and in other jurisdictions. In East River Savings Bank v. Steele, 169 Ga.App. 9, 11, 311 S.E.2d 189 (1983), the Court of Appeals held that a civil suit against an attorney for intentional infliction of emotional distress arising from an alleged violation of a rule of professional conduct could not lie, and therein noted as follows: "[M]ost courts which have directly addressed the question have rejected the notion of implying a civil cause of action for damages arising from a violation of a rule of professional conduct. [Cit.] The better rule appears [to be]: '[A]n alleged violation [of a rule of the Code of Professional Responsibility], standing alone, cannot serve as a legal basis to support plaintiff's civil action seeking money damages....' [Emphasis supplied.]" In Roberts v. Langdale, 185 Ga.App. 122(1), 363 S.E.2d 591 (1987), the Court of Appeals upheld the grant of summary judgment to the defendant-attorney in an action for legal malpractice, finding that a violation of the Code of Professional Responsibility alone could not establish a basis for a negligence action. Other courts which have addressed this issue have held that a violation of those states' versions of the Code of Professional Responsibility does not give rise to a private cause of action for damages against attorneys. See, e.g., Hizey v. Carpenter, 119 Wash.2d 251, 830 P.2d 646 (1992); Lazy Seven Coal Sales, Inc. v. Stone & Hinds, P.C., 813 S.W.2d 400 (Tenn.1991); Terry Cove North, Inc. v. Marr & Friedlander, P.C., 521 So.2d 22 (Ala.1988); Bob Godfrey Pontiac, Inc. v. Roloff, 291 Or. 318, 630 P.2d 840 (1981).

The Preamble to the Code of Professional Responsibility provides that its purpose is to guide the...

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29 cases
  • Schluter v. Perrie, Buker, Stagg & Jones
    • United States
    • Georgia Court of Appeals
    • 26 d4 Fevereiro d4 1998
    ...349, 247 S.E.2d 107 (1978); see Findley v. Davis, 202 Ga.App. 332, 337(2)(b), 414 S.E.2d 317 (1991), rev'd on other grounds, 262 Ga. 612, 422 S.E.2d 859 (1992); Rose v. Rollins, 167 Ga.App. 469, 471(2), 306 S.E.2d 724 (1983). 6. 202 Ga.App. 332, 414 S.E.2d 317. 7. See generally Howard v. Wa......
  • Meunier Carlin & Curfman, LLC v. Scidera, Inc.
    • United States
    • U.S. District Court — Northern District of Georgia
    • 22 d5 Junho d5 2018
    ...146 Ga.App. 341, 247 S.E.2d 107 (1978) ); Findley v. Davis, 202 Ga.App. 332, 414 S.E.2d 317 (1991), rev'd on other grounds, 262 Ga. 612, 422 S.E.2d 859 (1992) ; and Rose v. Rollins, 167 Ga.App. 469, 306 S.E.2d 724 (1983).10 The role that Meunier played in the settlement negotiations, if any......
  • Griffin v. Fowler, No. A02A1853.
    • United States
    • Georgia Court of Appeals
    • 20 d4 Março d4 2003
    ...allegation that he was charged excessive legal fees cannot provide the sole basis for a malpractice claim. Davis v. Findley, 262 Ga. 612, 613, 422 S.E.2d 859 (1992). The Supreme Court recognized that prohibitions of clearly excessive legal fees are contained in the Georgia Code of Professio......
  • Allen v. Lefkoff, Duncan, Grimes & Dermer, P.C.
    • United States
    • Georgia Supreme Court
    • 27 d1 Fevereiro d1 1995
    ...for legal malpractice, that case was not applicable, and, instead, the issue was controlled adversely to Allen by Davis v. Findley, 262 Ga. 612, 613, 422 S.E.2d 859 (1992). We granted the appellant's petition for certiorari to consider this division of the Court of Appeals' decision. 1. As ......
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4 books & journal articles
  • Legal Ethics - J. Randolph Evans and Anthony W. Morris
    • United States
    • Mercer University School of Law Mercer Law Reviews No. 47-1, September 1995
    • Invalid date
    ...719 (1995). 48. Id. 49. Georgia State Bar Rule 3-101. 50. 212 Ga. App. at 560, 442 S.E.2d at 467. 51. Id., 442 S.E.2d at 466. 52. Id. 53. 262 Ga. 612, 422 S.E.2d 859 (1992). 54. 212 Ga. App. at 561, 442 S.E.2d at 467. 55. 265 Ga. at 376, 453 S.E.2d at 721. 56. Id. 57. Id. 58. Id. at 377, 45......
  • Legal Ethics - Jack L. Sammons
    • United States
    • Mercer University School of Law Mercer Law Reviews No. 46-1, September 1994
    • Invalid date
    ...client." See infra notes 171-72 and accompanying text for a discussion of Davis. (The court of appeals was reversed in Davis v. Findley, 262 Ga. 612, 422 S.E.2d 859 (1992)). See generally Charles W. Wolfram, modern legal Ethics 209-23 (1986) "Legal malpractice law can thus be regarded as a ......
  • CHAPTER 1 THE ATTORNEY DISCIPLINARY SYSTEM—FEATURES AND TRENDS
    • United States
    • FNREL - Special Institute Ethics And Professional Responsibility In The New Millennium (FNREL)
    • Invalid date
    ...2 ed., § 1.1:201. [8] See, e.g., Lazy Seven Coal Sales, Inc. v. Stone & Hinds P.C., 813 S.W.2d 400 (Tenn. 1991); Davis v. Findley, 422 S.E. 2d 859 (Ga. 1992). [9] See Peck v. Meda-Care Ambulance Corp., 457 N.W.2d 538 (Wis. Ct. App. 1990). See also, Restatement of the Law Governing Lawyers s......
  • What judges can do about legal professionalism.
    • United States
    • Florida Bar Journal Vol. 72 No. 3, March 1998
    • 1 d0 Março d0 1998
    ...id. (24) Id. at 310-321 (discussing AFLAC, Inc. v. Williams, 444 S.E.2d 314 (Ga. 1994)). (25) Id. at 324-38 (discussing Davis v. Findley, 422 S.E.2d 859 (Ga. 1992), and Lefkoff Duncan, Grimes & Dermer v. Allen, 442 S.E.2d 466 (Ga. App. 1994), rev'd, 453 S.E.2d 719 (Ga. (26) Sammons conc......

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