The ''Actual Innocence'' Rule In a Legal Malpractice Lawsuit
In Morris v. Margulis, 307 Ill. App. 3d 1024, 1039, 718 N.E.2d 709, 241 Ill. Dec. 138 (1999), an exception to the actual innocence rule was recognized.
There, the plaintiff sought damages in a malpractice suit against his criminal defense attorney for breach of fiduciary duties by intentionally undermining his own client. Morris, 307 Ill. App. 3d at 1037-38.
The plaintiff had been convicted of criminal charges related to the failure of a savings and loan company.
His convictions were affirmed on appeal. Morris, 307 Ill. App. 3d at 1027.
The plaintiff filed a legal malpractice action.
The trial court granted summary judgment for the defendants on the question of whether counsel breached his fiduciary duty.
Illinois Appellate Court reversed and remanded the cause on various grounds.