Friday, July 29, 2005

Legal Malpractice Requires Showing of "Actual Innocence" by Criminal Defendants

From Lawyers Weekly USA:

To succeed in a legal malpractice case against his attorney, a criminal defendant must prove that he was "actually innocent" of the underlying charges against him, the Washington Supreme Court has ruled. A psychiatrist and his wife were indicted on 18 criminal counts, including conspiracy to defraud the United States, bank and tax fraud and filing false statements. On the advice of counsel, they agreed to plead guilty to two of the counts.

Case: Ang v. Martin, Washington Supreme Court No. 74698-2. June 23, 2005.