Must prove innocence to sue your attorney
In Washington state it just became more difficult to sue your defense attorney. Last month the state Supreme Court ruled that you must prove your innocence before accusing your lawyer of malpractice.
The intent is that no harm is done if you’re guilty and imprisoned. There is only harm if you are innocent.
Jessy and Editha Ang are at the center of this case. The Angs own a medical-examing company and were accused of making false diagnoses so that patients could collect welfare and Social Security.
The Angs’ original lawyer convinced them to plead guilty to felony fraud. Ultimately the Angs switched representation and were aquitted on all charges.
But, the Angs wanted to sue their original attorney for convincing them to plead guilty. The suit failed because the Angs could not prove that they did not commit the crime.
The decision came down to the original case. The Supreme Court justices decided that by being aquitted the Angs were not proven innocent, the state had simply failed to prove them guilty.