Can a defendant in a medical malpractice case be successful on the basis of attorney incompetence?

8 In Holliday this court acknowledged the case was sui generis since few criminal defendants would be in Holliday's position, i.e., have his conviction reversed solely on the basis of attorney incompetence, be acquitted at a second trial, and have the trial court in the later malpractice suit determine the attorney was liable as a matter of law, based on the facts set out in the opinion reversing the conviction. (Holliday v. Jones, supra, 215 Cal.App.3d at pp. 105, 115 fn. 7, 264 Cal.Rptr. 448.)