This report from Hinshaw discusses a Georgia case in which an attorney did not file a verification in an anti-SLAPP suit. It was a mistake, but the question of whether he had to file a verification was "unsettled." So far, [summary judgment denied], the client’s legal malpractice case remains viable. Moral ? Advise the client of unsettled law .
"Chatham Orthopaedic Surgery Center, LLC., et al. v. White, 640 S.E.2d 633 (Ga. Ct. App. 2006)
Brief Summary
The court upheld summary judgment in favor of an attorney on the issue of negligence in failing to file a necessary verification under an anti-SLAPP statute because prior case law was unclear at the time. Nonetheless, the court reversed summary judgment in the attorney’s favor on a separate claim to the effect that the attorney was negligent in not advising his client of the risk of not filing a verification in light of the unsettled state of the law. "