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Legislature Quickly Overturns Supreme Court Decision, Barring Assignment of Legal Malpractice Claims

Johnson & Ward Team

A few days ago, I wrote about a Georgia Supreme Court decision that left a lot of uncertainty about which legal malpractice claims could be assigned to people or companies other than clients.

Most states do not allow assignment of legal malpractice claims to others for substantial public policy reasons related to protection of the attorney-client relationship.

That may be the shortest-lived Supreme Court decision in Georgia history. This week the legislature passed HB 359 on unclaimed property, into which a succinct amendment had been inserted, to bar assignment of legal malpractice claims. It awaits signature by the Governor.

It took only eight days from the Supreme Court decision until passage by the legislature.

 

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