Archive for March, 2015


SuperLawyers Abound

Bovis Kyle Burch & Medlin, LLC had 7 SuperLawyers and 2 Rising Stars for 2015.

In the area of professional liability, Kim M. Jackson was a SuperLawyer and Billy Davis was a Rising Star.


Great ethics and professionalism seminar today

Special thanks to David Lefkowitz of The Lefkowitz Firm for putting on a great seminar at the State Bar of Georgia this morning.

Kim M. Jackson joined the initial panel of the morning, along with Hon. Herbert E. Phipps, Presiding Judge, Georgia Court of Appeals; Hon. Christopher S. Brasher, Judge, Superior Court of Fulton County; and Jonathan W. Hewett, Senior Assistant General Counsel, State Bar of Georgia.

The hypotheticals were interesting, and great panelists and interesting and relevant topics continued all day.  If you need ethics hours, professionalism hours, or any hours because it is March, this is a great seminar each year.


No negligent contempt

What is an appeal worth? In this case, $100 and the removal of a contempt order.

In a story by the Fulton County Daily Report (may require subscription), an attorney that missed an arraignment was fined $100 for contempt of court by the Henry County State Court Judge. The attorney explained that he had calendared the hearing in one electronic devise that, he later realized, did not synch with the calendar on his phone. The Judge found that the attorney had not willfully missed court, but that his conduct was negligent. The Judge found the attorney in contempt and issued a $100 fine.
The attorney appealed.

“I am worth appealing.” – Ben Franklin

The Court of Appeals held that there was no such thing as “negligent contempt” under Georgia law.  Accordingly, the contempt and the fine were reversed.

One lesson from this is to ensure that your multiple electronic calendar devises are properly synchronized.  Missing court can cause your client, and you, problems in both civil and criminal matters.


Better Call An Ethics Attorney coming

Due to my trial in Floyd County last week, I am 2 weeks behind on my Better Call Saul summaries.
I will catch up this weekend.


Professional and Ethical Dilemmas

Kim M. Jackson will be joining a panel of Hon. Herbert E. Phipps, Presiding Judge, Georgia Court of Appeals; Hon. Christopher S. Brasher, Judge, Superior Court of Fulton County; and Jonathan W. Hewett, Senior Assistant General Counsel, State Bar of Georgia in the March 26, 2015, Professional and Ethical Dilemmas CLE at the State Bar of Georgia.  The event consists of four different panel discussions of various ethical and professional scenarios.  The entire program is moderated by David Lefkowitz of The Lefkowitz Firm, one of the premier legal malpractice plaintiff’s attorneys in Georgia.

Don’t miss it.


Kim Jackson and Sarge “Win” Trial in Floyd County

Facts MeaninglessKim M. Jackson, Partner at Bovis Kyle Burch & Medlin, LLC, and local Rome counsel J. Anderson (Andy) Davis (aka “Sarge”) of Brinson Askew Berry Seigler Richardson & Davis, LLP, tried an accounting malpractice claim to victory in the Superior Court of Floyd County during the week of March 2, 2015.

The jury returned a verdict of only $6,195.00 for the Plaintiffs against one of Rome, Georgia’s largest CPA firms.  The claim arose out of an allegation by the Plaintiffs that they had overpaid certain taxes in 2004, and had to pay to amend returns in 2005-2007, as a result of an alleged error by the CPA firm. 

Plaintiffs’ asserted actual damages of over $70,000.   Plaintiffs also presented an OCGA 13-6-11 claim for attorney fees and expenses of litigation of nearly $300,000, which the jury rejected in its entirety.  The verdict was limited to the fees necessary to amend the 2005-2007 tax returns, which resulted in a refund without audit.  The jury clearly rejected the professional negligence claims against the accounting firm. 

This was actually the second trial of this case.  The first trial resulted in a jury verdict for the Defendant, after which the Judge granted a motion for new trial. 

A motion for fees by the Defendant pursuant to OCGA 9-11-68 is expected.

Kim Jackson was quoted after the trial as saying, “Of the non-metro Atlanta cities in Georgia in which I have tried cases, Rome has been my favorite.”

Kim Jackson Cleans Up The Mess

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