(DOWNLOAD) "Coscia v. Mckenna & Cuneo" by Colorado Supreme Court # Book PDF Kindle ePub Free
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eBook details
- Title: Coscia v. Mckenna & Cuneo
- Author : Colorado Supreme Court
- Release Date : January 02, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
In Wiley v. County of San Diego (1998) 19 Cal.4th 532, this court held that when a former criminal defendant sues his or her attorney for legal malpractice, the former clients 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, question - whether a former criminal defendant must obtain exoneration by post-conviction relief as a prerequisite to obtaining relief for legal malpractice. As we shall explain, we conclude that post-conviction exoneration is a prerequisite to prevailing on a legal malpractice claim in this context.