Can a former criminal defendant obtain postconviction relief in a claim for malpractice?
California, United States of America
The following excerpt is from Coscia v. McKenna & Cuneo, 108 Cal.Rptr.2d 471, 25 Cal.4th 1194, 25 P.3d 670 (Cal. 2001):
In Wiley v. County of San Diego (1998) 19 Cal.4th 532, 79 Cal.Rptr.2d 672, 966
[108 Cal.Rptr.2d 473]
P.2d 983, this court held that when a former criminal defendant sues his or her attorney for legal malpractice, the former client's actual innocence of the underlying criminal charges is a necessary element of the malpractice cause of action. We granted review in this matter to address a distinct, but related, questionwhether a former criminal defendant must obtain exoneration by postconviction relief as a prerequisite to obtaining relief for legal malpractice. As we shall explain, we conclude that postconviction exoneration is a prerequisite to prevailing on a legal malpractice claim in this context.[108 Cal.Rptr.2d 473]
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