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Ethics

: Legal Ethics Forum

Georgia case: expert affidavit required for malpractice case but not for fraud claim

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Crosby v. Pittman.  Key graf:

Michael Shane Crosby appeals from the dismissal of the complaint he filed against his former attorney, David Pittman. Crosby asserts that the trial court erred in holding that the expert affidavit requirement of OCGA § 9-11-9.1 applied to his claims against Pittman for fraud and breach of fiduciary duty. Because OCGA § 9-11-9.1 applies only to claims of professional negligence, as opposed to ordinary negligence or intentional torts, we agree and reverse.

Full post as published by Legal Ethics Forum on August 25, 2010 (boomark / email).

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