FKB’s Aaron M. Barham and Alec Neimand secured pre-answer dismissal of a legal malpractice complaint on behalf of a criminal defense attorney in New York County Supreme Court.

Plaintiff alleged that FKB’s client committed malpractice by attempting to negotiate a resolution with the ADA instead of moving to dismiss for “malicious prosecution.”  In securing dismissal on failure to state a claim grounds, FKB successfully argued that the Plaintiff failed to plead or prove “actual innocence” as is required to sustain a legal malpractice claim arising out of a criminal matter.

If you have any questions about this decision or the defense of professionals generally, please contact Aaron M. Barham or Alec Neimand.