Robinson v. Starr

Carley, Chief Judge.

In March of 1986, appellee-plaintiff initiated a legal malpractice action against appellant-defendant. Because OCGA § 9-11-9.1 had yet to be enacted, appellee naturally did not attach to his complaint an expert’s affidavit and appellant accordingly did not raise this lack of an expert’s supporting affidavit as a defense in his answer. In May of 1988, however, appellant did move for summary judgment and offered his own affidavit in support thereof. In his affidavit, appellant stated that he had “exercised that degree of care, skill, prudence, and diligence which lawyers of…