Titshaw et al. v. Geer et al., [A23A0439 Ga. Ct. App. May 7, 2025], and Cohen Poolock Merlin Turner, P.C. et al. v. Titshaw et al., [A23A0439 Ga. Ct. App. May 7, 2025], (Rickman; Dillard, P. J. and Pipkin, J., concur), on remand from the Supreme Court of Georgia, clarifies the applicable statute of limitations for breach-of-contract claims arising from legal services in a consolidated appeal involving tort-based legal malpractice claims and breach-of-contract for legal services claims.
The court holds that the alleged legal malpractice claims may be governed by the six-year statute of limitations under OCGA § 9-3-24 when the breach alleged arises directly from a written contract, including the implied duty to perform professional services competently. Ms.* 7. In contrast, the four-year limitation period under OCGA § 9-3-25 applies only where the breach arises from an oral or implied contract not evidenced by a writing. Ms.* 6. Because the plaintiffs alleged that the defendant law firm breached express written agreements by providing negligent legal advice, the court concludes that the six-year statute could apply and affirmed the trial court’s denial of the motion to dismiss. Ms.* 7. The court reaffirms that breach-of-contract claims based on written legal services agreements may proceed independently of time-barred malpractice claims.