People accused of crimes frequently plead guilty. Those who take their cases to trial often strongly insist that they did not break the law. Individuals convicted of criminal offenses despite going to trial may want to continue pursuing justice. They may hope to avoid serving a full sentence by appealing the verdict or sentence imposed by the courts.
Appeals are only possible in scenarios where there is a legal basis to request judicial review of the case. Some appeals rely on evidence of conflicts of interest that may have compromised the neutrality of jury members. Other times, the defendant may appeal by asserting that the courts misinterpreted state statutes. Inadequate legal representation can also potentially provide the basis for a criminal appeal.
A defendant can partner with a new attorney and ask the courts to review the case because they did not receive appropriate legal guidance and advocacy. If a defendant can show that they experienced legal malpractice, then they may potentially have grounds for a criminal appeal.
What constitutes legal malpractice?
Every lawyer must meet specific educational standards. They also need to pass the state bar exam and adhere to professional standards. Legal malpractice entails failing to adhere to best practices as established for similar licensed professionals.
If a client can show that an attorney breached their fiduciary duty, that could potentially constitute legal malpractice. An attorney generally has an obligation to put their clients’ best interests ahead of their own wishes.
Incompetence can also constitute legal malpractice. If a professional failed to properly research a legal matter or demonstrated a lack of understanding of state statutes or key judicial precedence, then the convicted defendant may have grounds for an appeal on the basis of legal malpractice.
If another attorney can identify professional failures by the defense lawyer involved in the trial, then the defendant may potentially be able to pursue an appeal on the basis of legal malpractice or insufficient legal representation.
Reviewing an original trial with an attorney familiar with appellate procedures can be beneficial for defendants who still hope to pursue justice after a conviction. Those who can show that their circumstances warrant an appeal may be able to overturn an unfair outcome that was the result of a lawyer’s incompetence or ethical failures.