Opinion

Smith v. Public Def. Serv. for the DC

  • 686 A.2d 210
  • 1996 D.C. App. LEXIS 265
  • 1996 WL 711278
Court
District of Columbia Court of Appeals
Filed
Dec 12, 1996
Status
Published
Author
Steadman
On the bench
Steadman, Schwelb, Newman
Cited by
12 cases
Authority
More cited than 7.1%

holding that under doctrine of collateral estoppel, factual findings from hearing on claim of ineffective assistance of counsel precluded legal malpractice claim, even though legal standards for these claims were not equivalent

How later courts described this case

  • holding that under doctrine of collateral estoppel, factual findings from hearing on claim of ineffective assistance of counsel precluded legal malpractice claim, even though legal standards for these claims were not equivalent
  • holding that “opinions and orders ... do not constitute matters outside the pleading[s]”
  • holding that matters of public record are not treated as matters outside the pleadings
  • affirming dismissal on basis of collateral estoppel

Written by the judges who cited it.

The opinion

STEADMAN, Associate Judge,

with whom SCHWELB, Associate Judge, joins, concurring:

I am in complete agreement with Judge Newman’s opinion, with a single caveat relating to the holding in footnote 7 of Brown v. Jonz, 572 A.2d 455 (D.C.1990). It is clear to me, as Judge Newman states, that that holding is limited to the proposition that legal malpractice claims are not automatically barred whenever a plaintiff has pursued unsuccessfully a claim for ineffective assistance of counsel. That holding reflects, at the least, the position that the standards for ineffective assistance and legal malpractice *214 are not always essentially equivalent. 1 I see no occasion to explore that holding further for purposes of this appeal. As the cases cited by Judge Newman themselves illustrate, as indeed does this very appeal before us, there may be aspects of civil litigation against criminal defense attorneys, in addition to questions of the standard of care, which were not addressed by Jonz. See generally Gregory G. Sarno, Annotation, Legal Malpractice in Defense of Criminal Prosecution, 4 A.L.R.5th 273 (1992).

. Jonz was a civil action “based primarily on Brown's allegations of Jonz’s breach of contract.” Id. Brown had hired Jonz as his defense attorney to represent him in the criminal proceeding.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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