How can I respond to this defendant motion to dismiss my suit?
I hired a lawyer for several criminal matters in CT. S/He was horrible in many ways, including screwing up the plea-bargaining process and my sentencing. I am suing for malpractice
The lawyer moved to dismiss my suit, citing this Appellate Court decision:
Taylor v. Wallace, ___ Conn. App. ___, 2018 WL 3724015 (2018).1 In Taylor, the Appellate
Court held that courts lack subject matter jurisdiction over legal malpractice actions arising out
of a criminal conviction “[f]or so long as the conviction stands.”
This is absurd. It suggests an aggrieved former client can't sue his lawyer for malpractice, no matter what the specifics, until some other legal action precedes that suit, results in significant changes, and creates specific new pre-conditions.
I don't understand this and need to find an effective response. Please help.
1 Answer from Attorneys
If you are going to entertain litigation against your former attorney, you would be well advised to hire legal counsel that can guide you through this process. Your question, otherwise, cannot be answered without a thorough reading and understanding of the case law that is being used.