Ang v. Martin

¶1 We are asked to determine whether plaintiffs in a malpractice action against their former criminal defense attorneys were properly required to prove by a preponderance of the evidence that they were actually innocent of the underlying criminal charges. The Court of Appeals concluded that, as an element of their negligence claim, plaintiffs were required “to prove innocence in fact and not merely to present evidence of the government’s inability to prove guilt.” Ang v. Martin, 118 Wn. App. 553, 558, 76 P.3d 787 (2003). We affirm the Court of Appeals.

Owens, J.

FACTS

¶2 Psychiatrist Jessy Ang…