03/25/2005
Proof of Actual Innocence Not Required to Establish Legal Malpractice for Allowing Convicted Client to Serve Prison Sentence Longer than Court was Authorized to Impose
Powell v. Associated Counsel for the Accused, 106 P.3d 271 ( Wash. App. 2005)
Brief Summary
It is difficult to argue with the logic of this decision; competent criminal defense counsel must not allow their clients to be sentenced beyond a clearly applicable maximum sentence and must be prepared to respond in damages if they do so. The case also suggests, however, that the actual innocence requirement in criminal legal malpractice cases may be less sacrosanct than many lawyers had believed.
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