Criminal Justice Matters

Exonerating Criminal Defense Attorneys from Civil Malpractice

J. Vincent Aprile II

When a former client elects to sue the defense counsel in the client’s completed criminal case for legal malpractice, the client, now plaintiff, may encounter a surprise. A number of jurisdictions in this country have adopted as a prerequisite to establishing a complaint for legal malpractice arising out of a criminal case that the plaintiff must prove that he or she was exonerated of the charges in the underlying criminal action.

Premium Content For:
  • Criminal Justice Section
Join - Now