Krahn v. Kinney

Two issues are presented. The first is whether the underlying criminal conviction must be reversed before a cause of action can be stated in a legal malpractice action arising from the representation of a criminal defendant. The second is whether the denial of Krahn’s motion to vacate judgment operates as res judicata to bar a determination of the issues raised in this malpractice action. We answer both queries in the negative and affirm the judgment of the court of appeals.

I

In this case we consider an issue of first impression for this court, to wit: what are the elements required to state a…