Few jurisdictions have considered whether actions by criminal defendants to recover excessive or unreasonable fees are subject to the “actual innocence” rule. This case may encourage plaintiffs’ counsel to characterize lawsuits against criminal defense attorneys as including breach of contract or fee disgorgement claims in order to have a second string to their bows. Though the line between professional malpractice and breach of contract was relatively easy to draw in Winniczek, other fact situations may prove much more difficult.