Ethics/Professional Responsibility
Jun. 7, 2000
Tarnished Halo
Practitioner: Legal Malpractice Law By Alec H. Boyd In Wiley v. County of San Diego, 14 Cal.4th 532 (1998), the California Supreme Court held that in order for a plaintiff to establish a malpractice claim against criminal-defense counsel, the plaintiff not only must establish the normal elements of duty, breach, causation and damage, but also must prove the additional element that he was actually innocent of the underlying criminal charge.
Legal Practice Law
By Alec H. Boyd
Left unresolved by Wiley was the question of whether a further requirement of a criminal-malpractice action is that the conviction has been set aside through appeal or other post-conviction proceeding.
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