Georgia Court Allows Lawsuit Winner to Recover Attorney Fees from Other Side

A salon owner who sued an ex-Falcon for defamation was ordered to pay $50,000 in legal fees after she lost her case.  Under the "offer of judgment" provision of Georgia's 2005 tort reform law, if a defendant makes a settlement offer and the plaintiff rejects it but ends up losing their case, the defendant is entitled to have all his legal fees paid by the plaintiff.  The defendant would also be entitled to legal fees if the plaintiff wins but receives less than 75% of the settlement offer.  The original trial judge held this provision unconstitutional, arguing that it impedes access to the judicial system as it unnecessarily discourages plaintiffs from bringing rightful suits.  However, the Georgia Supreme Court overturned that decision, holding the state constitution does not guarantee such access to our state's courts.  The bill's advocates cite an increased incentive to settle cases and reduce the backlog of litigation in the busy court system.  Chris Clark, a Macon attorney, argues the bill instead acts as an unfair impediment to individual citizens who might decide not to pursue a meritorius case and risk a big bill forthe other side in the end.  This provision unfairly impacts individuals and small businesses, who don't have the same resources and cannot accept the same risks as larger corporations.  Most attorneys agree this measure does little to reduce the number of frivolous lawsuits.  Instead, it is merely designed to eliminate the "dice-rolling" aspect in litigated disputes.  If you or a loved one has been injured as a result of the negligence of another, please call our office 24 hours a day, 7 days a week at 888-973-2540 for a free initial consultation.