Skip to content
Name: Bird, Marella, Boxer & Wolpert v. Superior Court (Reiner)
Case #: B162059
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 02/19/2003
Subsequent History: Order mod. opinion & Rehg. denied 3/17/03.

When the primary rights asserted in a complaint for legal malpractice by a convicted defendant are the rights to be billed in accordance with specific contractual provisions and to be free from unethical or fraudulent billing practices on the part of defense counsel, a criminal defendant client need not allege actual innocence in order to state a cause of action for breach of contract, breach of fiduciary duty, fraud, and money had and received.