Expert Affidavits in Georgia Legal Malpractice Cases
Before you can file a legal malpractice lawsuit in Georgia, you must comply with a specific procedural requirement: the expert affidavit requirement under O.C.G.A. § 9-11-9.1. Understanding this requirement — and getting it right — is critical to your case. Failure to comply can result in dismissal before your case ever gets heard on the merits.
What the Law Requires
Under O.C.G.A. § 9-11-9.1, any complaint alleging professional malpractice must be accompanied by an affidavit of an expert competent to testify in such matters. The affidavit must set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim.
For legal malpractice cases, this means you must attach to your complaint an affidavit from a licensed attorney — typically one with experience in the same area of law — who has reviewed the facts of your case and is prepared to testify that the defendant attorney’s conduct fell below the applicable standard of care.
What the Affidavit Must Contain
The affidavit must:
- Identify the expert and establish their qualifications
- Specifically identify the negligent acts or omissions at issue
- State the factual basis for each claimed act of negligence
- Be based on the expert’s review of the actual case materials
Generic affidavits or affidavits that simply recite the standard of care without applying it to the specific facts of your case are inadequate and may be challenged.
The 30-Day Extension
If the statute of limitations is about to expire, Georgia law provides that a plaintiff may file the complaint without the expert affidavit and has 30 days to provide it. This extension is available only in cases where the statute of limitations would otherwise expire. It is not an option to use casually.
Why This Matters to Your Case
Finding and retaining a qualified expert who can provide a compliant affidavit is one of the first and most important steps in a legal malpractice case. I have extensive experience identifying and working with qualified experts in a wide range of practice areas. This is part of what I handle when I take your case.