Hines v. Davidson

This is an appeal from a summary judgment granted in favor of the defendant attorney in a civil action brought by a convicted criminal defendant who contends that his court appointed attorney was guilty of legal malpractice in his representation of the defendant in the criminal case. We affirm.

In Mylar v. Wilkinson, 435 So.2d 1237, 1239 (Ala. 1983), the Court held that a complaint charging malpractice on the part of a lawyer was properly dismissed for failure to state a claim upon which relief could be granted where it contained no averment that "apart from the lawyer's negligence, he [the…