A plaintiff need not prove actual innocence of criminal charges as a prerequisite to pursue a legal malpractice claim against his former criminal defense counsel. Post-conviction relief can be sufficient.
Innocence of criminal charges is not required for a plaintiff to press a claim for legal malpractice against his former counsel. While post-conviction relief is sufficient to pursue the claim, it is a valid defense to offer evidence that the plaintiff was guilty and that the plaintiff's detention and incarceration were the expected consequence of his culpable criminal conduct.
Case Law Alert - 2nd Qtr 2011