Xingkui Guo v. Jon David Rogers

This appeal concerns a claim of legal malpractice.  Xingkui Guo (“Plaintiff”) filed a lawsuit for legal malpractice in the Circuit Court for Davidson County (“the Trial Court”) against his former attorney Jon David Rogers (“Defendant”).  Defendant filed an answer denying Plaintiff’s allegations as well as a counterclaim alleging that Plaintiff failed to pay him in full pursuant to the terms of their agreement.  Defendant later filed motions for summary judgment as to both Plaintiff’s complaint against him and his counterclaim against Plaintiff.  The Trial Court granted Defendant’s motions for summary judgment.  Plaintiff appeals.  We hold, inter alia, that there is no genuine issue of material fact necessitating trial.  The undisputed material evidence shows that Plaintiff’s loss in the underlying lawsuit was not due to negligence in Defendant’s representation.  The undisputed material evidence shows further that Plaintiff breached his retainer agreement with Defendant by failing to pay him in full pursuant to the terms of the agreement.  We affirm the judgment of the Trial Court.