Legal Malpractice Liability for Criminal Defense: Rare, Yet Possible
Anita Bernstein writes: Earning a living as a criminal defense lawyer takes guts. Attorneys are more likely than their civil-side peers to need added security, their work is often unpopular among laypersons, and extremely zealous advocates could cross the line into criminal liability themselves. In one respect, however, the criminal defense bar is cocooned in comparison to other private-sector practitioners. Its members enjoy almost total safety from legal malpractice.
December 29, 2015 at 04:14 PM
12 minute read
Editor's Note: This article is one of a series of articles discussing findings about what the four Appellate Division departments have been deciding about legal malpractice during the last five years. Future articles will continue to share findings from the data set, containing 357 published decisions.
Earning a living as a criminal defense lawyer takes guts.
Start with the lawyer's clients. They all deserve zealous advocacy, yet there are perils—and not just because attorneys are more likely than their civil-side peers to need added security, even armed guards in some instances, when meeting with their clients.
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