FALKNER v. FOSHAUG

No. 45326-2-I.

29 P.3d 771 (2001)

Robert FALKNER, Appellant, v. Michael FOSHAUG and Jane Doe Foshaug, husband and wife; Foshaug, McGoran, Sawyer & Aronoff, a Professional Services Corporation, Respondents.

Court of Appeals of Washington, Division 1.

August 27, 2001.


Attorney(s) appearing for the Case

Sean Wickens, Law Offices of Sverre O. Staurset PS; Stephen J. Oelrich, Tacoma, for Appellant.

Michael B. King, James B. Stoetzer, Lane Powell Spears Lubersky, Seattle, for Respondents.


AGID, C.J.

This case presents an issue of first impression: Whether a defendant whose counsel rendered ineffective assistance in a criminal proceeding may, after entering an Alford plea to a lesser crime on remand, maintain a civil malpractice action against his former counsel. We hold that, under the circumstances presented here, neither estoppel nor public policy bars the malpractice suit. Because Falkner has maintained his innocence throughout the proceedings...

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