Hawkins Parnell & Young, LLP (Atlanta, GA) Counters Push in the Georgia Supreme Court to Expand Legal Malpractice Statute of Limitations

Hawkins Parnell & Young argued in the Supreme Court of Georgia for a law firm client against attempts to broaden the statute of limitations on malpractice claims. Senior partner Christine Mast argued the case and was assisted in the briefing by appellate specialist Robert Gilbreath.

In the underlying case, restaurant franchisee David Titshaw alleged poor legal advice by two law firms led him to file for bankruptcy amid a franchising dispute with Moe’s Southwest Grill. The bankruptcy ultimately failed and allegedly resulted in significant financial losses.

Following a lawsuit alleging legal malpractice, the claims against Hawkins Parnell’s client were dismissed by the trial court and the Court of Appeals applying a four-year statute of limitations. Titshaw’s counsel argued before the high court that a 2010  Supreme Court decision expanded Georgia’s time limit for attorney malpractice claims to six years if the claims were based on breach of a written contract.

The case is Titshaw et al. v. Geer et al., case number S23G1124, in the Supreme Court of Georgia.