Rodriguez v. Nielsen

This appeal presents the question, What are the required allegations to state a cause of action for legal malpractice by a convicted criminal against his or her criminal defense lawyer?

The appellant, Rosie Rodriguez, filed suit against the appellee, Jess C. Nielsen, doing business as Nielsen & Birch (Nielsen), for legal malpractice. Rodriguez alleged that Nielsen’s representation of her in a misdemeanor criminal action was negligent in various respects and resulted in damage to her. The district court sustained Nielsen’s motion for summary judgment on the ground that Rodriguez’ amended…