Gibson v. Trant

OPINION

FRANK F. DROWOTA, III, C.J.,

delivered the opinion of the court,

in which, RILEY ANDERSON, JANICE M. HOLDER, and WILLIAM M. BARKER, JJ., joined.

This case presents the question whether a criminal defendant must obtain post-con*105viction relief in order to maintain a legal malpractice action against his defense lawyer (what is often referred to as a “criminal malpractice” action). The trial court held that he must. Since the plaintiff in the malpractice case here was denied post-conviction relief, the court dismissed his claim against his former defense lawyers. The Court of Appeals affirmed.…