Its a bedrock principal.  In order successfully to sue a criminal defense attorney, you must show actual innocence.  Sometimes this is possible;  think the Innocence Project.  Often it is not; think ineffective assistance of counsel.  Here is a California play on the issue.  The blog.

Its a huge legal malpractice case, and we reported it over the summer.  Now WG moves for summary judgment against the National Benevolent Association of the Christian Church, which claims malpractice in their Chapter 11 Bankruptcy filing.  We’ll follow for the decision.  In the meantime, Anthony Lin of the NYLJ writes:

"Weil Gotshal Moves to

Legal malpractice is always a case within a case.  This particular report is of a collection matter, followed by a failed legal malpractice matter, followed by a malicious prosecution case.  Anthony Lin at the NYLJ reports:

"A New York judge has permitted a lawyer to proceed with a malicious prosecution suit against the mortgage company

In     Shaya B. Pac., LLC v Wilson, Elser, Moskowitz, Edelman & Dicker, LLP    the question of whether a law firm defending a client has an obligation to determine whether there is excess insurance available. 

This case, determined by the Second Department, has the following issue:

"The principal issue presented on this appeal concerns whether a

Privity is a requirement in almost all cases of legal malpractice.  One particular sticking point is the negligently created estate.  Who has the right to sue, if anyone?  Here is a Texas case which differentiates between the damaged estate [think: unnecessary tax, costs, loss of assets] and a disappointed will beneficiary.

In this case, the