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Lawskills.com Georgia Caselaw
TAYLOR v. SPENCE
A89A2254.
Legal malpractice. Muscogee Superior Court. Before Judge Smith.
BANKE, Presiding Judge.
Nagem from the property. Ms. Nagem then filed a successful lawsuit to have the deed set aside.
The defendant testified that he had exercised that degree of care and skill exercised by lawyers generally under similar conditions and like circumstances and denied having made any misrepresentations to the plaintiff. Although the plaintiff, acting pro se, deposed the attorney who had represented her in Ms. Nagem's action to set aside the quitclaim deed, she elicited no contrary expert testimony from him or from any other attorney to the effect that the defendant had failed to exercise due care. Held:
The sworn testimony of the defendant in a legal malpractice action to the effect that his representation of the plaintiff complied with the applicable standards of professional conduct, if not controverted by expert testimony to the contrary, will authorize the grant of summary judgment in his favor. See Thomas v. Carlisle, 179 Ga. App. 315, 316 (346 SE2d 79) (1986); Yates v. Carlisle, 171 Ga. App. 206 (319 SE2d 71) (1984); Graves v. Jones, 184 Ga. App. 128, 129 (361 SE2d 19) (1987). It follows that the trial court did not err in granting the defendant's motion for summary judgment in this case.
John W. Denney, for appellee.
Charlotte F. Taylor, pro se.
DECIDED JANUARY 30, 1990.
Thursday January 8 19:43 CST


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