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Court ruling makes defense attorney malpractice suits easier

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February 5th, 2016 by Ric Hanson

DES MOINES, Iowa (AP) — The Iowa Supreme Court says an Emmetsburg man who pleaded guilty to soliciting a minor for sex but later had the conviction overturned can sue his defense attorneys for legal malpractice without being required to prove his innocence. In the ruling Friday the court for the first time in Iowa declined to adopt proof of actual innocence as a prerequisite to sue one’s criminal defense attorney.

The case involves Robert Barker who was convicted in 2006 after entering a plea agreement. His conviction was later overturned when a judge found Barker’s actions didn’t correspond to the charge for which he was convicted. Barker sued his attorneys for advising him to plead guilty.

The court’s ruling says Iowa won’t require defendants to prove innocence before suing defense attorneys in such cases.