Actual innocence is an element of a legal malpractice case that anyone who is bringing a case against their lawyer in a criminal case must prove. The “Actual Innocence Rule” requires that you must prove you are “actually innocent” of the criminal charges and that, because of the attorney’s malpractice, you were wrongfully convicted. While some have criticized this rule, the actual innocence rule remains the majority rule in Kentucky and the majority of the United States. This article will discuss what the actual innocence rule is and how it has been applied.
Legal Malpractice Elements
To succeed on a legal malpractice claim, you must prove:
- That the attorney had a duty to represent you with the same skill and competence as other lawyers in the field;
- That the lawyer breached that duty in representing you;
- That but for the attorney’s breach of duty, you would not have suffered harm; and
- The attorney’s breach of duty was the actual cause of your harm.
Andrade V. Purviance: Case History
Silvia Andrade (Andrade) sued her defense attorneys, Lorraine Purviance (Purviance) and Sterling Thayer Jr. (Thayer), for malpractice after her conviction on several criminal offenses. Andrade was given a ticket for a vehicle registration violation and failed to appear for the case, so the court suspended her license. Following the suspension of her license, Andrade was arrested for riding her motorcycle with a suspended license, among other charges. To defend against these charges, Purviance was appointed as Andrade’s defense attorney.
Following a trial on Andrade’s charges, Andrade was convicted. Andrade attempted to challenge her conviction with a writ of habeas corpus and an appeal filed with the appeals court. Andrade’s efforts were unsuccessful. After Andrade’s failed appeal, Andrade brought an action against Purviance for legal malpractice, in addition to other related causes of action. Andrade argued that Purviance had committed legal malpractice because she had not raised defenses that Andrade believed would have resulted in her “exoneration.”
Purviance filed a demurrer, which means that she asserted that Andrade’s arguments were invalid while accepting the factual basis of Andrade’s arguments. Purviance argued that the court should dismiss all of Andrade’s claims because she failed to prove actual innocence and did not plead elements of her other causes of action. The court sustained the demurrer, which Andrade appealed.
Appeals Court Findings
The appeals court ultimately found that Andrade did not adequately prove her legal malpractice case because she did not prove that she was “actually innocent.” The appeals court noted that previous case law on the matter requires that the plaintiff in a criminal legal malpractice case show they are actually innocent by having the conviction overturned, their sentence modified, or some other showing that the sentence was incorrect. The appeals court noted that Andrade did argue that she would have been completely exonerated; however, the appeals court found that a factual showing of innocence was insufficient to prove her case. To succeed on her claim, Andrade would have had to prove that the convictions were incorrect and that she was “actually innocent.” However, Andrade did not provide any showing that her conviction was indeed wrong and that she was “actually innocent.”
Actual Innocence And Why It Matters
If you are bringing a criminal legal malpractice case against your attorney, you must show by having your convictions overturned, your sentences modified, or some other evidence that the conviction is not correct, which supports your argument that you are “actually innocent.” Even if you successfully argue that you might have been exonerated, a court may find that it is not enough to meet the evidentiary burden to win your case.
Hiring A Malpractice Lawyer
Legal malpractice lawsuits relating to criminal matters are complex. If you were poorly defended in your criminal case, then you should consult with a legal malpractice attorney who can review your situation and help determine if you have a viable malpractice claim. William F. McMurry, who has decades of experience representing clients’ rights in Legal Malpractice cases in Kentucky, Mr. McMurry is the ONLY Board Certified Legal Malpractice Trial Specialist by the American Board of Professional Liability Attorneys (APBLA). Contact William F. McMurry & Associates by calling (502) 326-9000 or contacting us online today.