Drollinger v. Mallon

This is a legal malpractice action brought by plaintiff, a convicted felon, against lawyers who undertook to represent him in his attempt to obtain post-conviction relief, and then, shortly before the matter was scheduled for trial, withdrew. Defendant lawyers moved to dismiss the malpractice action for lack of subject matter jurisdiction and failure to state a claim, ORCP 21 A(8). They argued that, under this court’s decision in Stevens v. Bispham, 316 Or 221, 851 P2d 556 (1993), the malpractice action was barred because plaintiff had not been exonerated of the underlying offenses. The…