The Northern District of Illinois dismissed a criminal defendant’s legal malpractice claim against his criminal attorney. The court held that a malpractice claim arising out of a criminal conviction cannot be stated unless the plaintiff establishes his actual innocence by having his conviction overturned. Thus, because the plaintiff could not allege that his conviction had been overturned, his malpractice claim was dismissed.
Reimann v. Hanley, 2016 WL 5792679
(This is for informational purposes and is not legal advice.)
Fink v. Banks, 2013 IL App (1st) 122177, 996 N.E.2d 169 (actual innocence requires innocence of lesser, included offense)
Kramer v. Dirksen, 296 Ill. App. 3d 819, 695 N.E.2d 1288 (1st Dist. 1998)
Herrera-Corral v. Hyman, 408 Ill. App. 3d 672, 948 N.E.2d 242 (1st Dist. 2011)
Paulsen v. Cochran, 356 Ill. App. 3d 354, 826 N.E.2d 526 (1st Dist. 2005)