Plaintiff was the husband in a divorce, and defendant was his attorney.  Husband was advised to tape his wife’s telephone calls.  He gets arrested and hires attorney to defend.  Attorney does not tell client of plea offer, and client eventually is convicted.  Lawyer is disbarred and client now sues.

This case is from North Dakota, but we have to believe that there are many other criminal defense attorneys there.  Why didn’t the client use another attorney and give up attorney 1?

"jury trial is scheduled Wednesday in Northwest District Court in Minot in a legal malpractice case involving a former Minot attorney.

Donald Peterson, who was disbarred in 2004, is being sued by Robert Taylor of Stanley, a former client whose complaint was a factor in the North Dakota Supreme Court disciplinary board’s action against Peterson. Judge Burt Riskedahl, Bismarck, will preside at the trial.

Taylor is asking unspecified damages from Peterson and Peterson’s former law firm of Kenner, Sturdevant & Cresap. "

Taylor’s complaint, filed nearly three years ago, alleges that Peterson failed to properly represent him and gave him improper and erroneous advice.

Taylor retained Peterson as his attorney in a divorce case in 2002. According to the complaint, Taylor followed his attorney’s advice regarding taping phone conversations, then received a suspended sentence for illegally recording when Peterson inadequately represented him and failed to notify him of a plea agreement offer.

Taylor also alleges that Peterson failed to file an appeal of the divorce judgment by the filing deadline and refused to return funds deposited with him to file the appeal. Papers that Peterson eventually filed included a forged signature for Taylor, the complaint stated.