Attorney never gave clients discovery requests.

[Rexlan]

Georgia

I have a breach of contract suite in the court. I filed 2 discovery requests to the defendants which subsequently required that I file 2 motions to compel as they did not respond.

Their counsel then requested to withdraw and was allowed to do so with substitute counsel. They have now responded to the discovery and in so doing stated that their prior counsel never gave them any of the original requests.

I sent their original counsel a letter and asked him for an affidavit. No response.

I spent a considerable amount of time on the motions to compel. How can I proceed to get a sanction against this prior counsel since he is no longer involved?

Can I take a complaint to the Bar in Georgia?

Thank you.

 

[stephenk]

when you filed your motions to compel did you ask for monetary sanctions? If yes, did the court grant the sanction request?

You have nothing against their prior counsel. If the attorney's former clients want to do something against their former attorney, they can.

 

[Rexlan]

when you filed your motions to compel did you ask for monetary sanctions? If yes, did the court grant the sanction request?

You have nothing against their prior counsel. If the attorney's former clients want to do something against their former attorney, they can.

Thanks for your comments:

Yes I did ask for $ sanctions. The judge let the first attorney voluntarily withdraw; however, he required new counsel to comply with the discovery in 2 weeks, which he did. The Court also "reserved" its ruling on the motions to compel, I assume to see if new counsel complied with the 2 week deadling.

However, the issue is the time and cost I spent on the motions. Seems to me that prior counsel has acted in bad faith, yet he escapes a sanction ... something does not seem correct about that.