Shear v. Hornsby & Whisenand, P.A.
Shear v. Hornsby & Whisenand, P.A.
Opinion of the Court
Gary Shear appeals from a final summary judgment in an action for legal malpractice. For the following reasons, we reverse.
Shear, a general contractor, hired Horns-by & Whisenand to represent him in a contract dispute with a former client.
Shear then sued the law firm, alleging, inter alia, that the firm had negligently advised him to file a claim to foreclose a mechanic’s lien and had not informed him of his potential liability for attorney’s fees should that claim prove unsuccessful.
The record is not sufficiently developed to support the granting of summary judgment as genuine issues of material fact remain regarding whether the client was properly advised of his possible exposure to an award of statutory attorney’s fees. Accordingly, we reverse and remand for further proceedings.
Reversed and remanded for further proceedings.
. The action against the firm has been stayed because the firm filed for dissolution. This appeal concerns the liability of the individual attorney who represented Shear.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.