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King v. Lessinger9/29/2005
fee arrangement." Greer, Klosik & Daugherty, 269 Ga. at 275 (Fletcher,P. J., concurring). See also Georgia Rules of Professional Conduct, Bar Rule 4-102(d), Rule 1.5. Because that risk exists, the successor attorney has an incentive to inform the client that the client may have to pay reasonable attorney fees to the discharged attorney for services already rendered, a fact which will help ensure that the client does not agree to a fee arrangement that overcompensates the successor attorney. See Georgia Rules of Professional Conduct, Bar Rule 4-102(d), Rule 1.4. Second, the successor attorney must bear the risk that the discharged attorney will timely file an attorney's lien in the underlying litigation prior to disbursement of the judgment proceeds, delaying complete resolution of the case and potentially causing satellite litigation over fees. See OCGA ยง 15-19-14. Third, we are optimistic that considerations of professionalism will deter attorneys from engaging in such a course of action.
For these reasons, we conclude that appellants have failed to assert a viable cause of action against appellees for the recover of their attorney fees. Therefore, the trial court properly granted appellees' motion to dismiss.
Judgment affirmed. Blackburn, P. J., and Miller, J., concur.
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