§ 9-15-7.Liability of attorney guilty of willful neglect or misconduct for costs
Chapter 15. Court and Litigation Costs · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-15-7
Plain-English Summary
Losing a case isn’t enough to trigger this section — the statute reaches only costs traceable to an attorney’s willful neglect or misconduct. If a plaintiff is involuntarily dismissed or cast in the action because of that conduct, the attorney is liable for the costs that accrued in the case. The statute applies the identical rule on the defense side: if a defendant is cast in the action because of the defense attorney’s willful neglect or misconduct, that attorney answers for the costs.
The section sets liability but doesn’t itself supply the mechanism for collecting it — Code Section 9-15-13 handles that, directing the court to enter judgment and execution against an attorney once liability for costs is shown. Nor does this section address whether the client remains separately liable for costs under the general rule in Code Section 9-15-1; it adds the attorney as an additional target when the attorney’s own conduct, rather than the merits of the case, caused the loss.
Frequently Asked Questions
When can a Georgia attorney be personally liable for costs under this section?
When the attorney’s willful neglect or misconduct causes a plaintiff to be involuntarily dismissed or cast in the action, or causes a defendant to be cast in the action.
Does losing a case because of a weak legal argument make the attorney liable for costs?
No. The statute requires willful neglect or misconduct by the attorney — an unsuccessful but honest litigation strategy doesn’t trigger this liability.
Does this section cover both plaintiffs’ and defendants’ attorneys?
Yes. It holds a plaintiff’s attorney liable when willful neglect or misconduct causes an involuntary dismissal or a loss, and holds a defendant’s attorney liable on the same terms when it causes the defendant to be cast.
How does this section relate to Code Section 9-15-13?
This section sets the standard for when an attorney becomes liable for costs; Code Section 9-15-13 supplies the mechanism, directing the court to enter judgment and execution against the attorney once that liability is shown.
If my attorney is held liable for costs under this section, am I still liable too?
This section addresses only the attorney’s personal liability; it doesn’t relieve the party of the liability that Code Section 9-15-1 imposes on the party who dismisses, loses, or is cast in the action.
Amendment History
Laws 1799, Cobb’s 1851 Digest, p. 505; Code 1863, § 3602; Code 1868, § 3626; Code 1873, § 3676; Code 1882, § 3676; Civil Code 1895, § 5386; Civil Code 1910, § 5981; Code 1933, § 24-3402.