TOLSON Et Al. v. SISTRUNK Et Al., 332 Ga. App. 324

Quincy Bryant hired the Cochran Firm in Oct. 2009 on a 45% contingency to investigate his wife’s death; the firm performed extensive pre-suit work (medical records, expert contacts, complaint draft) and incurred $8,805.50 in expenses.
Audrey Tolson was an associate at the Cochran Firm who handled much of the pre-suit work; she resigned in May 2011, solicited several clients (including Bryant), and Bryant thereafter discharged the Cochran Firm and retained Tolson (and later associated Fredericks Firm).
Tolson and Fredericks filed suit in Oct. 2011; Fredericks did most of the litigation work and incurred the bulk of expenses; Tolson and Fredericks split the contingency fee 40/60 (Tolson 40%).
Cochran Firm filed an attorney’s lien in Nov. 2012 for its expenses and for a quantum meruit portion of fees; after a $2,000,000 settlement in May 2014, $800,000 in attorney fees was held in trust pending resolution.
Trial court found the lien valid, awarded Cochran Firm $8,805.50 expenses plus 30% of fees (25% for originating the case; 5% for pre-suit work), allocating remaining fees to Fredericks and Tolson; Tolson appealed.

Issue	Plaintiff's Argument (Tolson)	Defendant's Argument (Cochran Firm)	Held
Validity of attorney’s charging lien under OCGA § 15-19-14(b) where predecessor did only pre-suit work and successor filed the suit	Lien invalid because Cochran Firm was discharged before suit was filed and only did pre-suit work	§15-19-14(b) covers attorneys who performed legal work in anticipation of suit; lien may attach when suit is later filed	Lien valid; predecessor counsel may file a charging lien under §15-19-14(b) even if successor counsel later filed the suit
Whether origination/rainmaking supports quantum meruit recovery (25% awarded for origination)	Origination confers no value to client and should not factor into quantum meruit fee apportionment	Origination is a basis for compensation	Origination is not a service rendered to benefit the client; trial court erred in awarding 25% for origination — reversed and those fees remanded to Tolson
Whether there was evidence to support 5% quantum meruit award for Cochran Firm’s pre-suit legal work	Insufficient evidence to value pre-suit work at 5%	Cochran Firm’s investigation, expert work, complaint drafting, and Tolson’s use of that work in litigation gave lasting value	Affirmed: evidence supported a 5% ($40,000) award for pre-suit legal services

Woods v. Jones, 305 Ga. App. 349 (discussing trial-court factfinding on attorney’s lien enforcement)
McRae v. Ga. Farm Bureau Mut. Ins. Co., 316 Ga. App. 526 (standard of review; charging-lien principles)
Howe & Assoc. v. Daniels, 280 Ga. 803 (lien attaches when suit filed)
Steele v. Cincinnati Ins. Co., 171 Ga. App. 499 (statute in derogation of common law; strict construction principle)
Recoba v. State, 167 Ga. App. 447 (liens protect fruits of attorney’s labor)
Amoena Corp. v. Strickland, 248 Ga. 496 (statutory construction; avoid interpretation defeating legislative intent)
First Nat. Bank of Ames v. Innovative Clinical & Consulting Svcs., 280 Ga. App. 337 (courts may not engraft limitations on statute)
Kirschner & Venker, P.C. v. Taylor & Martino, P.C., 277 Ga. App. 512 (quantum meruit recovery tied to services rendered to client)
Eichholz Law Firm v. Tate Law Group, 310 Ga. App. 848 (former counsel may recover for services provided for mutual benefit of client)
Haldi v. Watson, 240 Ga. App. 801 (discharged attorney may seek quantum meruit)
Amstead v. McFarland, 287 Ga. App. 135 (reasonable value of services determines quantum meruit award)
Mullis v. Sikes, 244 Ga. App. 368 (appellate review of valuation of attorney services)
Babb v. Potts, 183 Ga. App. 785 (questions of value are for factfinder)
Griner v. Foskey, 158 Ga. App. 769 (bench trial valuation in quantum meruit context)
King v. Lessinger, 276 Ga. App. 145 (general rule re: contingency-discharge quantum meruit recovery)