404-843-1956

Education

  • University of Georgia School of Law, Juris Doctor, cum laude, 1977
  • Georgia State University, Bachelor of Visual Arts, cum laude, 1974

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
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Memberships

  • State Bar of Georgia: Family Law and Fiduciary Sections

Awards and Honors

  • Georgia SuperLawyers
  • AV® Preeminent™ rating by Martindale-Hubbell
  • Georgia Top Lawyers

Harmon W. Caldwell Jr

Founding Partner

Harmon Caldwell has repeatedly been recognized as one of the finest lawyers in Georgia. Over the past 44 years, he has represented an incredible number of clients from Georgia’s wealthiest and most recognizable families in both divorce and estate and trust litigation matters. Many of his cases have received national recognition because they created a legal precedent, because of the parties involved or because of the size of the settlement or jury award. Some of those cases are noted in Harmon’s bio below.

Combining a detailed knowledge of the law, a creative approach to every case, a mastery of cross-examination, and an innate ability to communicate with clients, judges and juries, Harmon and his team at Caldwell, Carlson, Elliott & DeLoach, LLP have the experience to achieve the best possible result for every client.

Harmon strongly believes in resolving disputes on a reasonable basis. However, many times, particularly in wealthy families, the other side does not want to be reasonable. In those cases, it is important to have a fierce advocate who the opposition knows will not hesitate to try the case if it becomes necessary. Harmon has tried a staggering 200 civil jury cases, most of which have been decided in his client’s favor.

Because of his reputation, Harmon is often called upon to take cases outside metro Atlanta. He has handled cases in Albany, Athens, Augusta, Barnesville, Blue Ridge, Brunswick, Carrollton, Dallas, Dalton, Fayetteville, Gainesville, Griffin, Macon, Sylvester, Tifton, Washington, Watkinsville, Waycross, and numerous other jurisdictions.

Always entertaining with many stories about the cases he has tried, Harmon speaks frequently to attorneys, accountants and lay people about various aspects of his practice. His book, Harmon Caldwell’s Georgia Divorce Handbook, which describes the divorce process from beginning to end, has been the go-to guide for lawyers and non-lawyers since 2013.

The majority of Harmon’s clients come from the recommendations of past clients. For the families of Martin Luther King Jr. and dozens of other notable Georgia residents, Harmon Caldwell is the go-to lawyer for divorce and estate disputes.

More About Harmon's Practice Areas

Divorce

During the past 44 years, Harmon Caldwell had handled over a thousand contested divorce cases. He has tried some 200 civil jury trials, most of which have been decided in his client’s favor, and he has been recognized repeatedly as one of Georgia’s best lawyers.

He has frequently represented members of Atlanta’s wealthiest and most recognizable families, including several on the Forbes 500 Richest People in the World.  He has represented numerous attorneys, physicians, accountants and prominent business people. He has also represented the spouses of attorneys, physicians, accountants and prominent business people.

His knowledge of the law, his experience, his creative approach to each case, and his ability to communicate with trial judges and juries puts him at the top of the short list of lawyers who can handle high income large asset divorce cases.

One of the most important elements in handling a large asset divorce case is having the best experts in business valuations, real estate appraisals, and forensic accounting. This is where cases are won and lost. Harmon and his team at Caldwell, Carlson, Elliott & DeLoach have assembled the absolute top individuals in their fields. Individuals who not only know their subject but excel in their ability to testify effectively.

Harmon strongly believes in resolving disputes on a reasonable basis and encourages mediation in every case. Unfortunately, in many situations, particularly in wealthy families, the other side does not want to be reasonable. In those cases, it is critical to have a fierce advocate who the opposition knows will not hesitate to try the case if circumstances demand it.

That reputation has brought him clients from all parts of the state, and he has handled cases in Albany, Athens, Augusta, Barnesville, Blue Ridge, Brunswick, Carrollton, Dallas, Dalton, Fayetteville, Gainesville, Griffin, Macon, Sylvester, Tifton, Washington, Watkinsville, Waycross, and numerous others. Always entertaining, with lots of stories about the cases he has tried, he speaks frequently to other attorneys and accountants, as well as lay people about various aspects of divorce.

His book, Harmon Caldwell’s Georgia Divorce Handbook, which describes the divorce process from beginning to end, has been the go-to guide for lawyers and non-lawyers since 2013.

Harmon has also prepared countless prenuptial agreements for couples who have wanted to protect themselves should their marriage end for whatever reason.

A few of the divorce cases Harmon has handled are:

Ruth M. Rollins v. Gary W. Rollins (Case No. 2010CV190124; Fulton Superior Court)

Harmon represented Ruthie Rollins in this high-profile very large asset divorce which she filed after 45 years of marriage. Mr. Rollins was the Chief Executive Officer of Rollins, Inc. and one of the richest men in the world. The case was settled after several years and a 5-day bench trial.

Chris Carlos v. Merry Carlos (Case No. 2013CV226546; Fulton Superior Court)

Harmon represented Chris Carlos in this very large asset divorce and child custody dispute which was settled on very favorable terms for Mr. Carlos, who also received custody of the couple’s two children.

Amy H. Bowen v. Charles E. Bowen, Jr. (Case No. 07-1-7441-42; Cobb Superior Court)

Harmon represented Amy Bowen in this very large asset case. Mr. Bowen was an Atlanta businessman with substantial real estate holdings. The parties were married for 21 years. The case was resolved in her favor after almost three years and a number of Motions hearings.

Cynthia C. George v. William M. George, Jr. (Case No. 11CV-06923; Dougherty Superior Court)

This was a very high-profile large asset divorce case tried to a jury for two weeks in Albany, Georgia. William George was one of the leading physicians in South Georgia. Harmon represented Cynthia George. The case included evidence of Dr. George’s adultery and efforts to hide assets. Ms. George received an extremely large award and the Court also gave her one of the largest awards of attorney fees ever made in Georgia.

Nancy Bennett Christensen McIver v. Claude Lee McIver (Case No. E69300; Fulton Superior Court)

Before attorney Claude “Tex” McIver was convicted of killing his second wife, Harmon represented his first wife in this divorce following their 34 years of marriage. The case involved significant assets. There was evidence of adultery and the fact that Mr. McIver was hiding assets. The case was settled after the trial judge found Mr. McIver in willful contempt on two separate occasions.

Judy Carol Wilson v. Roy Wayne Wilson (Case No. 9717837-35; Cobb Superior Court)

Harmon represented businessman Wayne Wilson in this alleged common law marriage case. Mr. Wilson had accumulated substantial assets. Ms. Wilson claimed there was a common law marriage and that she was entitled to half of his assets. After a trial lasting a week in Cobb County, the jury found in favor of Mr. Wilson, that there was no common law marriage and gave Ms. Wilson nothing.

Susan B. Been v. Jonathan W. Been (Case No. 2016CV272733; Fulton Superior Court)

This was another high-profile very large asset divorce. The parties were married 20 years. Mrs. Been was the Chief Executive Officer of Wilson Parker Homes, the largest private home builder in Georgia. Harmon represented Mrs. Been and the case was settled on very favorable terms for her.

A.J. Stanley v. C. F. Stanley (Case No. 00-2640-1; DeKalb Superior Court)

In this highly publicized case, Harmon represented Anna Stanley in her divorce from Rev. Charles Stanley, a nationally recognized televangelist. The parties had been married 45 years. Ultimately, the case was resolved on terms very beneficial for Anna.

Joann Baltimore v. Benny Thomas Baltimore (Case No. 94-CV-286; Worth Superior Court)

Harmon represented Mrs. Baltimore in this divorce after 34 years of marriage. Mr. Baltimore was a local Atlanta businessman with significant assets. He owned a hunting plantation in Worth County, Georgia where the case was to be tried. Again, there was evidence of adultery and hidden assets. The case was settled after a jury was seated on terms very favorable for Mrs. Baltimore.

Shannon Marie Machamer v. Lamont John Machamer (Case No. 9410622-24; Cobb Superior Court)

This was a large asset high income divorce case. Lamont owned significant interests in various companies and the couple had two small children. Harmon represented Lamont and resolved the case very favorably for him.

Judith Hogg v. Jack B. Hogg (Case No. 2003-CV-71079; Fulton Superior Court)

Harmon represented Jack Hogg in this divorce case. Mr. Hogg had inherited a very large estate. His wife and her counsel claimed Mrs. Hogg was entitled to share in the inherited assets. After a series of Motion hearings in which Harmon prevailed, the case was settled on terms very favorable for Jack.

Robert Coram v. Jeannine Coram (Case No. 18FM9306; DeKalb Superior Court)

Harmon represented noted author Robert Coram in this divorce and the case was settled favorably for him.

Carol H. Silverman v. Robert L. Silverman (Case No. 2007CV130877; Fulton Superior Court)

Harmon represented Carol Silverman in this divorce with well-known Atlanta real estate developer, Robert Silverman. Mr. Silverman was the President and CEO of Winter Construction Company. The case was settled on very favorable terms for Mrs. Silverman.

David A. Buckel v. Margaret R. Buckel (Case No. 2003CV64030; Fulton Superior Court)

He represented Mrs. Buckel in this divorce action. Mr. Buckel was the Chief Financial Officer of Interland, Inc., a publicly-traded web hosting company The case was tried before a judge and Mr. Buckel was compelled to settle the case after Harmon forced him to admit during cross-examination that he had not been truthful about the extent of his assets in his earlier testimony.

Angela K. Karatassos v. Pano I. Karatassos (Case No. 2011CV195048; Fulton Superior Court)

Harmon represented Mrs. Karatassos in this well-publicized divorce case. Some of the evidence was not helpful for Angela. Nonetheless, by taking a very creative approach to the accumulation of marital assets, Harmon was able to achieve a very favorable result for Angela.

Nancy M. Boyken v. Donald R. Boyken (Case No. 2006CV120523; Fulton Superior Court)

Harmon represented Nancy Boyken in this divorce with prominent real estate construction expert and CEO of DRB Development Solutions, LLC The case was tried to a judge. Mr. Boykin was compelled to settle the case after Harmon made him admit during cross-examination that he had given sworn testimony indicating materially different values for his closely-held company.

Estate, Trust and Fiduciary Litigation

Estate and Trust litigation generally involves two kinds of cases. The first are will contests, often referred to as will caveats. The second are cases involving an executor or trustee who has mishandled an Estate or Trust, thereby breaching his or her fiduciary duties.

In his 44 years of practice, Harmon Caldwell has represented literally hundreds of clients in both kinds of cases across the State. Combining a detailed knowledge of the law, a creative approach to every case and an innate ability to communicate with clients, judges, and juries, he and his team at Caldwell, Carlson, Elliott & DeLoach are the unquestioned leaders in Georgia Estate and Trust litigation.

Many of his cases are notable because they created a legal precedent; because of the parties involved or because of the size of the settlement or jury award. A few of those cases are described below:

In 1986, the Georgia legislature provided that probate courts in counties with populations of more than 100,000 would try cases to juries. After that legislation, Harmon tried the first ever jury trial in a probate court in the state of Georgia. The case involved the will of Mattie Cook, which family members alleged was the result of undue influence. The Estate was represented by SunTrust Bank. Harmon represented the family members who prevailed. The will was set aside and the family members each received significant distributions. McLendon v. Priest, 259 Ga. 59, 376 S.E.2d 679 (1989).

Harmon represented Frances “Tut” Woodruff in challenging her father Coca-Cola magnate George Woodruff’s will in a case that attracted national attention. The case was resolved with his client receiving a multi-million-dollar settlement and distribution. Estate of George W. Woodruff; Fulton County Probate Court; File No. 131319.

He represented the family of north Georgia businessman Roy Otwell, who was largely responsible for creating both the poultry business in north Georgia and Lake Lanier, in a lawsuit claiming Regions Bank had breached its fiduciary duty and mishandled Mr. Otwell’s sizable Estate. After five weeks of trial, the jury awarded the family the largest verdict ever handed down in Hall County, Georgia. Roy P. Otwell, Jr., et al. v. Regions Bank, Georgia; Hall County Superior Court; Civil Action File No 95-CV-405C.

In Heath v. Sims, Harmon obtained a first in the nation jury award of punitive damages in a probate court case against two executors for mishandling their father’s twenty-million-dollar estate. Brenda Sims Heath v. Fred Edward Sims and Wayne Michael Sims; Fulton County Probate Court; Estate No. 151608.

Harmon represented Martin Luther King’s children Martin and Bernice King in a highly publicized dispute with their brother over their mother Coretta Scott King’s Estate, resolving the dispute in a complex settlement. The Martin Luther King, Jr. Center For Nonviolent Change, Inc. v. Bernice A. King and Martin L. King, III; Fulton County Superior Court; Civil Action File No. 2008CV155320.

After her husband’s death, he represented Atlanta philanthropist Jeanne Ferst in a trust dispute with her sister-in-law over control of Trusts which held the proceeds from the Ferst family’s sale of its interests in Scripto and Wilkinson Sword. He prevailed in a number of pre-trial motions which led to a settlement giving Mrs. Ferst control over half the assets. Guardianship of Helen Montag Ferst; Fulton County Probate Court; File No. 151330.

He successfully represented the daughter of Augusta businessman William G. Hatcher in an extraordinarily complicated will contest and breach of fiduciary suit against her brother who had been named executor of their father’s multi-million-dollar estate. William G. Hatcher, Jr., as Executor of the Estate of William G. Hatcher, Sr. and Individually v. Pamela Hatcher; Columbia County Superior Court; Civil Action File No. 2017CV0614.

Some of the largest Estate disputes Harmon has handled were matters in which the individuals or  families chose to resolve their estate disputes confidentially, without the filing a lawsuit, and out of the spotlight that comes any time a wealthy or prominent family might air its “dirty laundry.” In Estate matters, this can be a very attractive option so as to avoid a public fight.

Other Civil Litigation

In addition to his divorce and estate litigation work, Harmon has handled a number of large shareholder disputes, attorney malpractice cases, real estate litigation matters, condemnations, and other civil litigation, including:

He represented David West in the West v. West Case (United States District Court; Northern District of Georgia; Case No. 1-88-cv-1577-JOF) which at the time was one of the largest minority shareholder disputes in the state. After almost 4 years of litigation which included testimony by the foremost expert on minority shareholder rights, Hodge O’Neil, who testified for David, the case was settled on the eve of trial with David receiving a staggering award for his minority interest in West Lumber Company and associated companies.

He tried the Hatcher Management Holdings LLC v. Alston & Bird, LLP (Case No. 2012cv214764; Fulton Superior Court) legal malpractice case to a Fulton County jury for three weeks in 2018. The case received extensive publicity in legal circles. His client, Hatcher Holdings, LLC, received a substantial verdict. The Court of Appeals affirmed, and the matter is presently on appeal to the Georgia Supreme Court.

Jeff Kneller v. Fidelity National Bank (194 Ga.App. 55)

Harmon represented Atlanta attorney Jeff Kneller in this highly-publicized case against Fidelity Bank which had improperly dishonored checks written on Jeff’s trust account. The jury awarded damages, interest, attorneys fees and punitive damages.

Douglas R Coe, et al. v. Caterpillar, Inc.; Eaton Electrical, Inc.; and Intelligent Switchgear Organization, LLC (Case No. 2007EV002701G; Fulton Superior Court)

Harmon represented Doug Coe against Eaton Electric in another highly-publicized case which involved multiple breaches of contracts and accounting fraud. The case was tried to a jury and settled on very favorable terms for his client after three weeks of trial.

NCR v. Gatins (180 Ga.App. 595)

Harmon represented NCR in this case involving the enforceability of a covenant not to compete. He won the case in the trial court, and then in the Georgia Court of Appeals. It was for many years the leading case in Georgia on the subject of covenants not to complete and was cited by Courts and other litigants over and over again.

Harmon represented Frank Gesner in a lawsuit seeking damages for fraud in the sale of a painting alleged to have been the work of famed artist, Martin Johnson Heade. The week-long trial included testimony by Theodore Stebbins, the expert on Martin Johnson Heade and Director of the Boston Museum of Fine Arts. The jury returned a verdict in favor of Frank which included damages, attorneys fees, interest and punitive damages. Franklin Gesner Fine Paintings, Inc. v. Ketcham (259 Ga. 3).

He represented the Federal Deposit Insurance Corporation in a lawsuit which alleged a massive fraud on the part of several land developers in Gwinnett County, recovering for the FDIC the full value of its loss. FDIC v. McCloud, Flake & Wilder; United States District court, Northern District of Georgia; File No. C79-315A.

He represented Attorneys Title Guaranty Fund in a real property adverse possession case against Marjorie N. Lovingood. Mrs. Lovingood claimed title by adverse possession through her deceased husband’s family of a 10-acre shopping center which had been developed subsequent to the family’s alleged ownership. The case was tried to a Cobb County jury for 5 days. The evidence included the first time use of aerial photographs from the 1940’s and ‘50s to pinpoint the location of the property that Mrs. Lovingood actually owned. The jury decided the case in favor of Harmon’s client, Attorneys Title Guaranty Fund. Atty’s Title Guaranty Fund v. Marjorie N. Lovinggood; Cobb Superior Court).

Harmon has also handled a number of large condemnation cases, including cases for DeKalb County, Georgia and cases representing condemnees whose property was being taken. One such example was his representation of the owners of all four corners of the intersection where Cobb County’s planned east-west connector crossed Austell Road. Three of the four condemnations were tried to juries and the owners received extraordinary awards for the portion of the property taken. The fourth was settled because the County did not want another sizeable verdict against it.

These are only highlights of matters which Harmon has handled. In any complex civil litigation, Harmon and his team at Caldwell, Carlson, Elliott & DeLoach have the experience, skill and resources to achieve the very best result possible for their client.

Read more about Harmon

Harmon has been involved in some of Atlanta’s most interesting cases. He represented Bernice and Martin King in the dispute with their brother Dexter over their mother Coretta Scott King’s Estate. He represented Frances “Tut” Woodruff in contesting her father Coca-Cola magnate George W. Woodruff’s will, Ruthie Rollins in her divorce from her husband, billionaire Gary Rollins, David West in his dispute with his father over West Lumber Company, and Anna Stanley in her divorce from her husband TV Evangelist Rev. Charles Stanley. He has regularly represented individuals from Atlanta’s wealthiest families, from Rollins, to Candler, Carlos to Bowen, and while the dollars at stake are sometimes large, the issues are usually the same.

He has represented hundreds of other individuals, many wealthy, many not. However, in almost every situation, someone’s future was significantly impacted by what he did. It is indeed a compliment when a client chooses you to represent them in a time of crisis. Because of this, he tries to be creative in his approach to every case.

Harmon was born in Athens, Georgia, but his parents moved to Atlanta 4 months after his birth. He attended Atlanta’s Westminster Schools elementary, middle and high school, graduating in 1966.

While in high school, he became interested in cars and top fuel drag racing. He worked on anybody’s car who would pay him, saved his money, and in the summer of 1966, following high school, went to California in his mother’s station wagon and got everything he needed to go racing other than an engine. He tied the race car frame to the top of the station wagon and brought it back home. Several weeks later, he had cobbled enough engine parts together to race in Phenix City, Alabama.

In those days, to have an “unlimited” drag racing license, a driver had to have two other drivers certify they were willing to ride down the track next to him. The two drivers who vouched for Harmon were Bob Stewart from Minneapolis and Danny Ongais, a California racer who went on to much fame as an Indy car driver.

He spent the next four years driving that top fuel dragster. He raced almost every weekend at different tracks throughout the United States. Most runs would result in a top speed of well over 200 mph. He learned quickly that promoters would pay more to have a full-bodied car for the crowds to watch. So in 1967, he went back to California and had race car body builder Tom Hanna construct a full body to cover the frame. Several photographs of his race car are attached. The first is in Miami (photo 1) and the second and third are in Indianapolis (photo 2 and photo 3). Those were incredible times – the golden age of drag racing – and his experiences in dealing with all kinds of folks “on the road” were invaluable training for his upcoming law practice.

In the fall of 1970, he went to Georgia State University. He majored in sculpture. He is the only lawyer in Georgia who has a Bachelor of Visual Arts (BVA) degree. He graduated cum laude from Georgia State University in 1974. GSU was the second school in the United States to build its own iron furnace which could melt iron (3000°F) in order to make cast iron sculpture. Attached are photographs of GSU’s original iron furnace (called a cupola) at one of the early Atlanta Piedmont Park Arts Festivals (photo 4photo 5 and photo 6). Harmon is in the engineer’s hat. One of his roles was loading the cupola with iron and coke from the top and ramming it down (photo 7). In December of 2018, GSU had a reunion iron pour, and Harmon cast a new piece in his trademark style (photo 8).

He won a number of awards and prizes for his art, including first prize for sculpture at the prestigious Winter Park Sidewalk Arts Festival in 1974. Nonetheless, he decided that he could not make a living making art and decided to attend law school. Even so, his art training turned out to be a real asset for his trial practice because he uses many visuals during his trials, including a pad and marker to sometimes literally draw a picture for a jury.

Upon graduating from GSU, he went to law school at UGA. He received a juris doctor cum laude from the University of Georgia Law School in 1977. He continues to stay very involved with UGA.

He began practicing law in 1977 with the firm of Johnson & Montgomery. He knew immediately he wanted to be a trial lawyer, and Johnson & Montgomery gave him that opportunity.

In 1994, he opened his own firm, now Caldwell, Carlson, Elliott & Deloach LLP. He enjoys the practice of law. He enjoys working with clients and the intellectual challenge of presenting a client’s case in the most effective way possible. Over the years, many of his clients have become close personal friends, and that is something of which he is very proud.

He is married to the former Cathleen O’Donnell and has three children: Harmon, III, Kimberly, and Reagan, all graduates of UGA.

His hobbies are many. He runs. He has run numerous marathons throughout the United States, including the New York City Marathon. Attached is a photograph of the 2008 Disney Goofy Challenge Run (half marathon on Saturday; full marathon on Sunday, photo 9.) He and his oldest son have run 31 consecutive 10K July 4th Peachtree Road races together. His younger son has now run 11. He also likes to travel. He and his wife have traveled extensively. He bikes, and has biked through the Provence, Burgundy, and the Loire Valley regions of France. He and his daughter were at Normandy Beach on the 65th anniversary of D-Day.

In the mid-90s, he designed and built a commuter electric car (photo 10, photo 11, and photo 12). The car worked extremely well, and there were a number of very favorable stories about the car in the media, magazines and TV shows. Unfortunately, his efforts to raise capital to produce the car went nowhere because the appeal of electric cars was not as favorable then as it is today.

He also collects toy trains and has a wonderful collection of toys and toy trains. The trains range from a Milton Bradley toy train manufactured in 1881 (photo 13) to some made in 2020, and hundreds in between those years. A number of these trains decorate Caldwell, Carlson, Elliott & Deloach LLP’s law offices. Attached are several photographs which show a small part of the collection (photo 14photo 15 and photo 16).

He has built a layout for the trains, which was featured in the November 2019 edition of Classic Toy Trains magazine. The layout is 36 feet long and 12 feet wide.  Attached are several photographs of the layout (photo 17photo 18photo 19,  and photo 20).