Professional Negligence Law Reporter

The Kentucky Supreme Court held that to survive dismissal in a legal malpractice case, a criminal defense client must plead that he or she has been exonerated of the underlying criminal conviction through an appeal or other post-conviction order.

The court noted that a majority of jurisdictions and state appellate courts have adopted the “exoneration rule,” which holds that a criminal defense attorney cannot be liable for legal malpractice to a client who has not been exonerated of the underlying charges. The court agreed with the public policy considerations underlying the rule, including avoiding the difficulties of awarding damages to a guilty person, the equitable principles against shifting responsibility for criminal behavior, judicial economy, and the potential for undermining the postconviction process. The court noted that proof of exoneration through direct appeal or postconviction proceedings was sufficient to invoke the rule. Proof of actual innocence was unnecessary, the court said, finding that this would impose an undue burden.

Consequently, the court affirmed a lower appellate court ruling that a trial court properly dismissed a legal malpractice action brought by a man whose conviction for tax-related offenses was affirmed on appeal.

Citation: Lawrence v. Bingham, Greenebaum, Doll, L.L.P., 2018 WL 6570798 (Ky. Dec. 13, 2018).