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Summary Judgment for Lawyers Sued When Mixed-Use Development Failed

November 30, 2009

Shannon Sprinkle and Joe Kingma won Summary Judgment for an Atlanta lawyer accused of malpractice, breach of fiduciary duty, and fraud. The Plaintiff backed a multi-million dollar mixed-use development in Cartersville and sued after the project failed and he was called upon to satisfy his guaranty. In addition to his payment on the guaranty, the Plaintiff sought damages for lost investment opportunities, diminished credit rating, and more than $300,000 in attorney’s fees. He claimed that the lawyer representing the borrower labored under conflicts of interest, owed him a duty, and gave bad advice. He bolstered his claim with the testimony of the author of a six volume Legal Malpractice Treatise, an Emory law professor, and one of the deans of the banking bar in Atlanta. Nonetheless, the Defendants’ Motion for Summary Judgment was granted. The case was appealed, but the appeal was dismissed and summary judgment stood.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.