July 11, 2013
Authored by: Luke Lantta
Perhaps more than other types of litigation, fiduciary litigation can be driven by emotion and understandably so. Litigation over a trust or estate is often the battleground on which other deep-seated intrafamily issues are fought. In Georgia, one potential check against letting matters go too far afield is the threat of attorney’s fees against a party who asserts a claim, defense or other position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim. In Williams v. Warren, however, the Georgia Court of Appeals may have taken some teeth out of the attorney’s fees statute, particularly when it is implicated in fiduciary litigation.