Rantz v. Kaufman

I. Introduction

In this original proceeding, two attorneys, Ann Kaufman and Rick Levinson, ask us to determine whether a former client, whom they had represented in a criminal case, must obtain postconviction relief before filing a malpractice claim against them. We decide that obtaining postconviction relief is not a prerequisite to filing suit. If postconviction relief has been sought and denied on the merits, however, the court’s denial of relief may have a preclusive effect on the malpractice suit under appropriate circumstances. Here, the order of the postconviction court denying Geoffrey…