Proving Legal Malpractice in Criminal Defense

Oct 22, 2019

Welcome to the page on proving legal malpractice in criminal defense at the Law Office of Stanley E. Robison, Jr. If you have found yourself in a situation where you believe your criminal defense attorney has committed legal malpractice, it is important to understand the standards required to prove innocence and the steps you can take to seek justice.

The Importance of Legal Malpractice in Criminal Defense Cases

When facing criminal charges, you rely on your defense attorney to provide you with competent and effective representation. However, mistakes or negligence on the part of your attorney can have serious consequences, potentially resulting in wrongful conviction or severe penalties.

Standards for Proving Innocence in Legal Malpractice Cases

Proving legal malpractice in criminal defense cases requires meeting specific standards to demonstrate that your attorney's actions or omissions fell below accepted professional standards, and that these mistakes directly led to a negative outcome in your case.

Negligence or Breach of Duty

To establish legal malpractice, you must first show that your attorney was negligent or breached their duty of care. This means that they failed to exercise the level of skill, knowledge, and diligence that a reasonable attorney in a similar situation would have provided.

In criminal defense cases, negligence can include actions such as:

  • Failing to conduct a thorough investigation
  • Providing incorrect or incomplete advice
  • Missing crucial deadlines
  • Inadequately preparing for trial
  • Engaging in a conflict of interest


Proving negligence alone is not sufficient to establish legal malpractice. You must also demonstrate that your attorney's negligence directly caused harm or damage to your case. This requires establishing a causal link between the attorney's actions or omissions and the negative outcome you experienced.

This can be challenging in criminal defense cases, as the burden of proving that you would have obtained a different outcome if not for your attorney's negligence can be demanding. However, with the help of experienced legal malpractice attorneys, you can gather evidence and build a strong case.


In addition to negligence and causation, you must show that you suffered damages as a result of your attorney's malpractice. These damages may include financial losses, such as legal fees paid, as well as intangible damages like emotional distress or loss of liberty due to wrongful conviction.

Seeking Legal Representation for Legal Malpractice in Criminal Defense

If you believe you have been a victim of legal malpractice in a criminal defense case, it is crucial to seek the assistance of an experienced legal malpractice attorney. At the Law Office of Stanley E. Robison, Jr, we have a team of skilled attorneys who specialize in legal malpractice cases and will fight tirelessly to protect your rights.

Our attorneys will carefully evaluate the circumstances of your case, gather evidence, and work with experts to establish the negligence, causation, and damages required to prove legal malpractice. We understand the complexities involved in these cases and will guide you every step of the way, providing strategic advice and aggressive representation.

Contact the Law Office of Stanley E. Robison, Jr for Expert Legal Malpractice Representation

If you are looking for a reputable law firm with expertise in legal malpractice cases arising from criminal defense, the Law Office of Stanley E. Robison, Jr is your ally. We have a successful track record of holding negligent attorneys accountable and obtaining fair compensation for our clients.

Don't let the consequences of legal malpractice ruin your life. Contact our office today to schedule a consultation and let us fight for justice on your behalf.

Shioupyn Shen
Great read! 📖 The article was really informative and helpful. It's crucial to understand the standards of proving legal malpractice in criminal defense cases. Thanks for shedding light on this important topic! ✨👍
Nov 11, 2023
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This article provides valuable insights on proving legal malpractice in criminal defense cases. Informative and helpful.
Oct 12, 2023