Jerry Evans v. Michael Hamby and Walters Law Firm, P.a.

Summary

The court affirmed summary judgment for the attorney and law firm on both legal-malpractice theories. It held that the client was estopped from asserting usury because the undisputed evidence showed that he and his brother selected the interest rate and he failed to counter the resulting prima facie showing. It also held that counsel could not be liable for failing to advise reinstatement of the corporate charter where retroactive application of the relevant statutory amendment was unsettled and the client could not establish a breach of the professional standard or proximate cause.