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Wade H. Watson III

Wade Watson was born in Macon, Georgia in 1957. He is a Phi Beta Kappa graduate of Emory University and received his juris doctor degree cum laude from the University of Georgia School of Law in 1982. Mr. Watson has served as lead counsel in jury trials in State and Federal Courts throughout metropolitan Atlanta, as well as around the state of Georgia. He has briefed and argued over thirty-five appeals in Georgia’s State and Federal appellate courts. He has been a frequent lecturer at legal and other professional seminars on the subject of fiduciary law and litigation. His article on will contests was published in the Georgia Trial Lawyers’ magazine. His article describing the shareholder’s direct action remedy in Georgia was published in the Georgia Bar Journal and has been cited by the Georgia Court of Appeals, as well as the leading publication on the rights of minority shareholders.

Mr. Watson is a leader in the 6,000 member Atlanta Bar Association. He was elected Treasurer for the 2010-2011 term and serves on the Executive Committee of the Board of Directors of the Atlanta Bar Association, is past Chair of the Editorial Board of The Atlanta Lawyer published by the Association, is a past Chair of the Sole Practitioner/Small Firm Section, and served over five years as a member of the Board of the Litigation Section. He is also a member of the American Bar Association, the State Bar of Georgia, and the Atlanta Lawyers Club.

Mr. Watson is Treasurer and a member of Board of Directors of Meridian Herald, Inc., a non-profit organization dedicated to the celebration of music and worship including music of the Sacred Harp and camp meeting traditions. He has served in a variety of leadership posts for Glenn Memorial United Methodist Church, where he is a member of the Chancel Choir and an occasional instrumentalist. He is married to Atlanta lawyer Betty Bentley Watson. The Watsons have two children.

Notable Cases

Norman v. Gober, 288 Ga. 754, 707 S.E.2d 98 (2011): Obtained unanimous opinion affirming dismissal of minor grandchild's caveat to grandmother's will. The grandchild lacked standing because he was not an heir at law, he could show no harm from probate of will, and he stood to possibly benefit from will. (Floyd E. Propst, Laura K. Bonander, co-counsel)

Hood v. Todd, 287 Ga. 164, 695 S.E.2d 31 (2010): Obtained judgment for Executors in will construction case, defeating claim of woman who asserted that she was a child of testator born out of wedlock and was entitled to a child’s share of his estate. The Georgia Supreme Court reversed the Probate Court of Hall County and held that the will excluded the purported child. (Laura K. Bonander, Esq., Samuel L. Oliver, Esq., Co-counsel).

Kothari v. Patel, 262 Ga. App. 168, 585 S.E. 2d 97 (2003): Obtained largest verdict in history of Lowndes County--$1.87 million—on behalf of minority shareholder in closely held corporation who was excluded from participation in profits from a $1.1 million land sale and income from billboard advertising business. The verdict included $1.2 million in punitive damages against the controlling shareholders, officers, and directors. Judgment affirmed by Georgia Court of Appeals. (Robert S. Carlson, Esq., Mike S. Bennett, Sr., Esq., co-counsel).

Otwell v. Regions Bank, Superior Court of Hall County, Civil Action File No. 95-CV-405C (1997): Obtained $1.8 million verdict for Otwell family for losses caused by bank’s breach of fiduciary duties in administration of Estate. Hall County’s longest civil jury trial (5 weeks) and largest damage award. (Harmon W. Caldwell, Jr., Esq., co-counsel).

West v. West, 825 F. Supp., 1033 (N.D. Ga. 1992): Represented minority shareholder in claims against controlling shareholder of West Lumber Company; after five years of litigation, forced multimillion dollar settlement on the eve of trial in January 1993 (Alex W. McLennan, Jr., Esq. and Harmon W. Caldwell, Jr., Esq., co-counsel).

Ford Motor Co. v. Stubblefield, 171 Ga. App. 331, 319 S.E. 2d 470 (1984): Obtained affirmance of $9.3 million jury verdict in wrongful death action against Ford Motor Co. arising out of defective design of the fuel system of the Mustang II; verdict included $8 million in punitive damages (Foy R. Devine, Esq., Albert Sidney Johnson, Esq., Irwin W. Stolz, Esq., Seaton D. Purdom, Esq., co-counsel).

Publications

“Georgia Court of Appeals Saves Direct Action Remedy and Extends it to Limited Liability Companies,” The Litigator (Fall, 2007) Litigation Section of the Atlanta Bar Association.

“Will Contests: Litigating the Trillion Dollar Inheritance of the Baby Boomers,” Verdict, The Journal of the Georgia Trial Lawyers Association (Fall 1997) (with Melissa S. Price, Esq.)

“The Development of the Shareholder’s Direct Action Damage Remedy,” 28 Ga. Bar J. 195 (May 1992) (with J. Bertram Levy, Esq.), cited in Dunaway v. Parker, 215. Ga. App. 841, 847, 453 S.E. 2d 43 (1995).

Business Litigation, “Litigating a Breach of Majority Owner Fiduciary Duty in a Closely Held Corporation,” paper presented August 21, 2002, Atlanta.

“Lessons from a Troubled Estate: The Story of Otwell v. Regions Bank,” 45th Estate Planning Institute, Institute of Continuing Legal Education of Georgia (February 2000).

“How Do You Know If Your Case Is Settled? A Practical Discussion of Georgia Law of Settlement,” State Bar of Georgia, Family Law Section Newsletter (September 1993) (with A. Paul Cadenhead, Esq.)

Presentations

“Update on Georgia Fiduciary Law,” Institute of Continuing Legal Education, Update on Georgia Law Seminar, February 2009.

“Update on Georgia Fiduciary Law,” Financial Planning Association of Georgia Regional Conference, February 2009.

“Avoiding or Engaging in Fiduciary and Probate Litigation,” Estate Planning Conference, Georgia Society of CPAs (July 19, 2007).

Guest Faculty, Emory University School of Law, Trial Techniques Program, April 3, 2004.

“Tips On Making It Work, etc.,” Atlanta Bar Association Continuing Legal Education, Transitioning to Solo or Small Firm Practice (February 2004).

“Engagement Letters,” Atlanta Bar Association Estate Planning and Probate Section (June 2003).

“Lifetime Transfers To A Second Spouse:  Hard Issues And Their Resolution Through Mediation,” Institute of Continuing Legal Education Fiduciary Law Institute, July 2010.

EMAIL: wwatson@cwlaw.org
PHONE: 404.843.1956
FAX: 404.843.2737