Sunday, February 23, 2020

ABA Journal article on malpractice claims against former criminal defense lawyers

As you probably know, jurisdictions are divided on whether a convicted criminal defendant has to argue and prove actual innocence as a requirement to maintain a legal malpractice action against his or her former lawyer.  In the past few years, I have reported that Utah, Iowa, (also here), Indiana, Idaho, and Kansas (here and here) have abandoned the requirement of showing actual innocence.

I am writing about this today because I just saw that the most recent issue of the ABA Journal has a short article on the debate on this issue.

You can access the article here.  Legal Ethics in Motion has a comment here.

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