Legal Malpractice In Criminal Defense Cases
If you or a loved one has been convicted of a crime, there may be certain things you wish the defense attorney had done differently. This is natural.
Connecticut does not favor these, some say Connecticut law will never allow it. There is one exception the last time I did the research: In fact, in the rare circumstance that there was a conviction which was later overturned, with a finding of innocence, there may be a chance to file a claim.
But only if the person convicted has had the conviction reversed. We can hope it changes but there are only very limited circumstances under which you can file a malpractice claim for damages against a lawyer.
Also as discussed near the end of this post, disputes regarding fees charged or liens to pay fees do not fall under the bar by the Exoneration Rule noted below. Disputes about the compensation demanded, or taken by the lawyer may be heard even in Criminal Defense situations.
Contact our experienced Connecticut legal malpractice lawyers at (860) 561-0651 or filling out our online form today for a consultation.
Key Points
- Criminal defense legal malpractice claims are limited in many jurisdictions because courts generally protect defense attorneys from liability for outcomes their clients receive in criminal cases.
- The exoneration (or judgmental bar) rule often applies, meaning a convicted person usually must have their conviction overturned before they can sue their criminal defense attorney for malpractice.
- Exceptions exist in rare cases where the malpractice claim does not depend on invalidating the conviction — for example, disputes over excessive fees or improper asset agreements — allowing those claims to proceed.
Our Practice is Limited to Connecticut
We handle Connecticut legal malpractice claims. We won’t review cases where financial losses are less than $100,000.
Before You File a Connecticut Legal Malpractice Lawsuit
If you believe that your defense attorney was negligent in defending you — and that is why you were convicted of a crime — you may be thinking about filing a legal malpractice lawsuit against the attorney.
The process, however, is not as simple as it may first appear.
The courts have taken steps to ensure that people who are convicted of crimes shoulder the entire responsibility for those crimes. This means that a defense attorney should not be liable for malpractice.
Before a client who has been convicted of a crime may sue for legal malpractice, many jurisdictions, including Connecticut, will require the previous conviction to have been overturned or corrected in some way, such as having the sentence reduced.
Before you can sue your defense attorney for legal malpractice, therefore, you must first attend to your criminal case.
Legal Malpractice Without Finding of Innocence
Connecticut’s exoneration rule, also known as the “judgmental bar” rule, is a legal principle that can affect legal malpractice claims. This rule generally provides that a legal malpractice claim in an underlying criminal case cannot be heard by the court unless the plaintiff can show that their conviction has been overturned.
This rule aims to prevent clients from attempting to recover damages from their attorneys when the client would have experienced the same outcome regardless of any alleged negligence on the attorney’s part.
I believe it is absurd.
Connecticut’s Exception to Exoneration Rule
An appellate court in Connecticut recently recognized an exception to the state’s exoneration rule. The court held that the exoneration rule did not apply when the malpractice claim at issue was not dependent on the invalidation of the plaintiff’s criminal conviction.
In that case, the court permitted the legal malpractice claim to proceed based on the following allegations:
- Improper demand for additional fees;
- Charging and collecting an unreasonable fee; and
- Executing an asset forfeiture agreement without the plaintiff’s consent.
The court permitted these claims because they were not dependent on a showing of the plaintiff’s actual innocence.
Can I Sue a Criminal Defense Attorney for Legal Malpractice?
If your criminal defense lawyer dropped the ball and you ended up paying the price, you may be able to bring a legal malpractice claim against them.
Because the specific laws regarding ineffective assistance of counsel vary from state to state, it is important to speak with an attorney who is familiar with the laws in your area. It is also important to make sure that you file your legal claim before the statute of limitations (the time limit for taking legal action) runs out.
If you are interested in learning more about legal malpractice in criminal defense, reach out to the dedicated legal malpractice lawyers at StangerLaw LLC. Since 1977, we have aggressively represented the interests of our clients, helping them establish their claims and obtain the relief they are entitled to.
We command an impressive knowledge of this highly specialized area of the law and are immediately available to meet with you to discuss your case and what we can do to help.
Get started by giving us a call at (860) 561-0651 or sending an online message today.
