Court Gives ‘Expansive’ Reading to Doctrine Requiring Malpractice Plaintiffs’ Exoneration

The requirement that a convicted criminal be exonerated before suing his lawyer for malpractice extends beyond professional negligence claims to include those for “breach of contract, breach of fiduciary duty, and a request for fee forfeiture,” the Texas Court of Appeals, Fourteenth District, ruled June 10 (Futch v. Baker Botts, LLP, 2014 BL 159933, Tex. App. 14th Dist., No. 14-12-00731-CV).

The decision reflects a broad reading of the doctrinal rule that imposes an added element—exoneration through post-conviction relief—on malpractice plaintiffs whose claims arise out of criminal representations.

Texas adopted the rule in Peeler v. Hughes & Luce, ...