Cohran v. Carlin , 254 Ga. 580 ( 1985 )

Smith, Justice,

dissenting.

The Carlins base their complaint upon a fraud and an admitted “sham” that they instigated. They allege that they created a phony contract with Cohran in order to defraud creditors, and that they subsequently carried their fraudulent transaction further by transferring various assets to Cohran. Cohran should not need to present a defense to the Carlins’ claims. The claims are based upon fraud, and the complaint should accordingly be seen as worthless on its face, regardless of any defense that Cohran might have presented.

Would the court sanction a like lawsuit by one bank robber against his partner for the proceeds of their endeavors if the defendant were “on the lam” or in a distant prison? The court, in this case does not hold attorneys to a higher standard than any other person. The court simply lowers the burden for legal malpractice plaintiffs.