404-843-1956

Education

  • Emory University School of Law, Juris Doctor, 1987
  • University of Virginia, B.S., 1982

Bar Admissions

  • All trial courts in Georgia
  • Court of Appeals of Georgia
  • Supreme Court of Georgia
  • United States District Court for the Northern District of Georgia
  • United States District Court for the Middle District of Georgia
  • United States Court of Appeals for the 11th Circuit
  • United States Supreme Court

Memberships

  • Atlanta Bar Association, Litigation and Estate Planning & Probate Sections
  • State Bar of Georgia, Fiduciary Law and General Practice & Trial Sections

Awards and Honors

  • AV-rated by Martindale-Hubbell
  • Georgia Super Lawyers

Chris Wilkerson

Partner

Chris Wilkerson has been a partner at Caldwell, Carlson, Elliott & DeLoach for over ten years.  He has developed a well-earned reputation for his compelling oral advocacy, exceptional writing ability, and creative legal arguments. 

Chris’ litigation practice has been focused on fiduciary and business litigation for over 25 years. He has successfully prosecuted and defended a wide variety of trust and estate disputes, including breach of fiduciary duty claims against trustees and executors, will contests, and declaratory judgment claims; commercial cases involving breach of contract, fraud, and other business torts; and guardianship and conservatorship disputes.  Chris has successfully tried cases in both federal and state courts, has won numerous cases on motions for summary judgment and motions to dismiss, and handled appeals to Georgia’s appellate courts and the 11th Circuit Court of Appeals. Where possible, Chris capitalizes on opportunities to employ creative, cost-effective methods for the early and successful resolution of disputes. 

A native of Atlanta, Chris is a graduate of the University of Virginia and Emory University School of Law, where he served as Managing Editor of the Emory Law Journal.  He is AV-rated by Martindale-Hubbell. To complement his litigation background, Chris also served as general counsel for a privately-held Atlanta business for eight years where he handled a wide range of legal issues and gained valuable insights on what clients want from outside counsel.

Chris and his wife Susan live in Druid Hills and have two adult sons, Cullen and Patrick.  Chris enjoys travel with his family, history, and the outdoors, including boating, water skiing, and hiking.

Read more about Chris

EDUCATION 

EMORY UNIVERSITY SCHOOL OF LAW 

Juris Doctor. Emory Law Journal; Managing Editor. 

THE UNIVERSITY OF VIRGINIA 

McIntire School of Commerce, Bachelor of Science in Commerce, Finance Concentration.

FOCUS OF PRACTICE 

Trust, Estate and Probate Litigation: Prosecution and defense of breach of fiduciary duty  claims against executors and trustees, will contests, declaratory judgment actions, and other  controversies arising out of the administration of trusts and estates. Representation of  petitioners and proposed wards in adult guardianship and conservatorship proceedings.  General representation of fiduciaries in administration of estates and trusts and in resolving  disputes outside litigation.  

Business Litigation: Prosecution and defense of business cases of all types including breach of  contract, business torts, breach of fiduciary duty, shareholder litigation, insurance coverage,  and real estate matters. 

Trial and Appellate Work: Representation of clients in all State and Federal trial and appellate  courts and in arbitration and mediation; first chair jury and non-jury trial experience;  preliminary injunctions, temporary restraining orders, and other equitable relief. 

Formerly a partner at Hawkins & Parnell, LLP. Rated AV by Martindale-Hubbell.

SAMPLE REPRESENTATIONS 

Lead trial counsel for mentally incompetent beneficiary of $16 million estate and three trusts  established for his care in suit against bank executor/trustee for breach of trust, breach of  fiduciary duty, fraud, and other claims. After four-week jury trial, beneficiary and his three  siblings awarded $1.8 million. 

Lead counsel for a large materials sub-contractor in defense of a federal action by general  contractor for breach of contract, breach of warranty, fraud, negligence, and attorney’s fees. 

Obtained summary judgment on four of five claims, and settled remaining claim on favorable  terms. 

Lead counsel for administrator of multi-million dollar estate in pursuit of declaratory  judgment action involving thirty-six beneficiaries, multiple alleged unenforceable bequests,  and application of the cy pres doctrine. Case settled on all issues, and administrator awarded  maximum fee and granted complete discharge from liability. 

Defended owner of major shopping center in federal action for breach of contract to sell  shopping center, breach of warranty, fraud and attorney’s fees. Claims brought when  environmental contamination was discovered prior to closing. Summary judgment granted  on all contract and warranty claims, and remaining claims settled for nominal amount. 

Lead counsel for 93-year old proposed ward with large estate in guardianship and  conservatorship proceeding brought by niece and nephew-in-law whose interest in proposed  ward’s trust estate was recently reduced. Case resolved favorably upon Probate Court’s  appointment of proposed ward’s trustee and attorney-in-fact as conservator. 

Lead counsel for real estate agency in defense of fraud and negligence claims arising out of  alleged fraudulent scheme to inflate value of homes artificially through sham transactions  involving “straw man” purchasers. Trial court granted summary judgment on all claims and  Georgia Court of Appeals affirmed. Brooks v. Dime Savings Bank, 217 Ga.App. 441, 457 S.E.2d  706 (1995). 

Lead trial counsel for adult children of proposed ward suffering from dementia and memory  loss and subject to exploitation by caregivers. Trial court appointed adult children as Guardian  and Co-Conservators at conclusion of trial. 

Represented psychologist in defense of malpractice action arising out of psychologist’s opinion  that plaintiff had molested his son. Trial court granted summary judgment in favor of  psychologist on all claims, and Georgia Court of Appeals affirmed in decision in which it  adopted definition of ‘good faith’ in context of child abuse reporting statute. Michaels v.  Gordon, 211 Ga. App. 470, 439 S.E.2d 722 (1993). 

Lead counsel for trustee in defense of a superior court action for breach of trust and breach of  fiduciary duty brought by trust beneficiary, and in subsequent probate court action for  declaratory judgment brought by second trust beneficiary. Resolved both cases on very  favorable terms requiring no payment of monies to beneficiaries, and payment of all of  trustee’s attorney’s fees by third parties. 

Co-appellate counsel for lawyer in declaratory judgment action brought by insurer arising out  of denial of coverage on legal malpractice claim. Trial court had granted summary judgment  for insurer, but Georgia Court of Appeals reversed. Joseph v. Certain Underwriters at Lloyd’s  London, __ Ga. App. __, 844 S.E.2d 852 (2020).  

Represented a southern banking corporation in defense of federal action for breach of fiduciary  duty and violations of the state and federal RICO statutes. District Court granted motion to dismiss all claims for lack of personal jurisdiction. Eleventh Circuit affirmed, and U.S.  Supreme Court denied Petition for Writ of Certiorari. 

Lead counsel for trust beneficiary in action against national banking association to terminate  trust. Case resolved when trustee agreed to terminate trust and disburse trust funds to  beneficiary in exchange for releases from all beneficiaries. 

Counsel for real estate agency and agent in defense of claims for fraud and violations of the  Fair Business Practices Act arising out of sale of 111-acre cattle farm. Trial court granted  summary judgment on all claims and Georgia Court of Appeals affirmed. Condon v. Kunse,  208 Ga. App. 856, 432 S.E.2d 266 (1993). 

Lead counsel for Savannah trucking company and three employees in defense of a case  brought by competitor for misappropriation of trade secrets, tortious interference with  contract, and breach of fiduciary duty. After two-day hearing on Motion for Preliminary  Injunction, case resolved on favorable terms through mediation. 

Lead counsel for title insurance company in defense of coverage claim based on fact insured  property was listed on federal government’s National Priorities List of toxic waste sites.  United States District Court granted summary judgment to company on all claims. 

Lead counsel for executor of closed estate in declaratory judgment action concerning allocation  of multi-million dollar settlement of product liability suit arising out of circumstances of  testator’s death between estate, estate beneficiaries, and excluded heir. Funds had to be  allocated among wrongful death, pain and suffering, loss of consortium, and other claims, and  case settled on terms favorable to estate. 

Lead counsel for insurance agency and agent in defense of action for fraud, negligence, and  violation of Georgia insurance regulations arising out of denial of the plaintiff’s claim on  $1,000,000.00 key man life insurance policy. Trial court granted summary judgment to agency  and agent on all claims, and subsequently dismissed the plaintiff’s appeal. 

Lead counsel for municipality defending developer’s federal claim for unconstitutional taking,  injunctive relief, and money damages arising out of municipality’s refusal to rezone 38-acre  tract for apartment use. District Court granted summary judgment on all claims and case  settled for nominal amount pending appeal. 

Lead counsel for financial planner in defense of federal action for negligence, fraud, breach of  fiduciary duty under ERISA, and violation of federal securities laws arising out of sale of  profit-sharing plan. District Court granted summary judgment on three of four claims, and  fourth claim settled on favorable terms. 

Counsel for numerous personal representatives in estate administration in various probate  courts throughout Georgia.

Practice Areas

  • Estate, Trust & Fiduciary Litigation
  • Business Litigation
  • General Civil Litigation & Appeals