Professional Malpractice. Jeffery Guerrero hired James McDonald, a certified public accountant, to represent him and his business in an appeal to the Internal Revenue Service.

The appeal was about audits that showed Guerrero owed more taxes. When the appeal failed, McDonald assisted in preparing materials for an appeal to the Tax Court, which was also not successful. Guerrero then sued McDonald for professional negligence in the preparation of his evidence for the court. Specifically, Guerrero claimed that McDonald had failed to adequately prepare witnesses and to present all the arguments that could have been made on his behalf and would have enabled him to win the case. Guerrero contended that McDonald was liable for all of the additional taxes he was required to pay. Is Guerrero’s claim likely to result in liability on McDonald’s part? What factors would the court consider?

[Guerrero v. McDonald, 302 Ga.App. 164, 690 S.E.2d 486

(2010)] (See page 886.)