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Iowa Man Can’t Use Ineffective Counsel Win for Malpractice Suit

Feb. 26, 2021, 9:10 PM

An Iowa man who had his sexual abuse conviction overturned due to ineffective assistance of counsel can’t use that win to automatically establish that his attorney breached his duty to him in a legal malpractice case, the state’s highest court said.

Donald Clark’s attempt to use issue preclusion to prevent litigation of the breach portion of his claim fails because although the state was a party to both actions, it isn’t the same party in this action as in the post-conviction relief case, the Iowa Supreme Court said Friday.

The court joined Alaska, Minnesota, and Oregon in rejecting the offensive...

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