Legal Question in Legal Malpractice in Utah

Re: Did the attorney error?

The attorney should advise the client about the loss of rights with a felony conviction, although I am not sure that the failure to do so constitutes grounds for a malpractice suit. I assume that the attorney was specifically hired to defend against the charge.

The failure to have a re-evaluation after one year is a judgment call by the attorney. It is probably not error depending on other facts: i.e., did the client participate in some form of therapy, was the testimony of the therapist, if any used; was there any cause for the attorney to believe that some substantive change had occurred, etc? Note that the original exam would have revealed the mental state of the client close to the date of charge. An exam a year later may be relevant as to sentencing, but not as to the underlying accusation.

I assume that client's incarceration in county jail was post sentence. The attorney's job probably ended with sentencing, unless an appeal was requested. A post sentencing review is a separate matter. Again, this is something which the attorney probably should have advised the client, but also is not likely malpractice.

The focus of a criminal defense is to defend against the charges. There are supplemental issues which perhaps should have been discussed, but these 'duties' are collateral to the main defense obligation.

If you want a more in depth legal analysis, you can present a factual situation to the Utah State Bar's Ethics Committee, who will render an opinion based on the facts you provide. (No charge.)