10/09/2007
Tennessee Appeals Court Concludes Criminal Defendant Client May Bring Legal Malpractice Action Before Seeking or Receiving Post-Conviction Relief
Ellis J. Burnett v. Daryl M. South, Slip Copy, 2006 WL 4497729 (Tenn.Ct.App. 2007)
Brief Summary
The court held that a criminal defendant who wished to sue his attorney for legal malpractice following a conviction could do so before obtaining relief from the conviction in order to avoid the “Catch 22” situation posed by the one-year statute of limitations for legal malpractice actions. The case may then be stayed to see whether the legal malpractice plaintiff is able to obtain relief from the conviction.
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