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Convicted “Kids for Cash” Attorney’s Legal Malpractice Claims Dismissed

The plaintiff was a former attorney and county commissioner who was indicted in the “Kids for Cash” scandal. A federal jury convicted the plaintiff of conspiracy to commit bribery, conspiracy to commit extortion under color of official rights, extortion, conspiracy to commit money laundering and similarly-related charges. The plaintiff subsequently filed a legal malpractice action against his criminal attorneys, one of whom was our client, alleging 22 separate instances where our client purportedly breached his duty of care. We were able to convince the court that the plaintiff had exhausted his criminal appellate rights and had been unsuccessful in establishing any basis to overturn the jury’s conviction. As such, under the law of Pennsylvania, the plaintiff could not prove actual innocence based upon attorney error. Therefore, the court dismissed the plaintiff’s claim based upon his inability to establish a claim for legal malpractice as a matter of law.

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