Woman Sues Lawyer for Legal Malpractice After Alabama Capital Murder Trial
June 24th, 2011|
June 24, 2011
A Georgia woman who stood trial in 2006 for capital murder of her ex-husband’s wife in Cherokee County, Alabama, has sued her attorney and his firm for legal malpractice after being sentenced to life imprisonment without the possibility of parole.
The woman, Barbara Roberts, says her lawyer misrepresented himself by failing to disclose that he was not certified to practice law in Alabama and subsequently taking her money for personal use—misappropriating approximately $100,000 of her funds.
The legal proceedings for this case began in February 2009 when the woman filed a legal-malpractice action in the Cherokee Circuit Court taking her former attorney to task for his refusal to refund her $50,000 retainer.
The woman’s former lawyer soon filed a counterclaim seeking $457,500 in eight open-account claims. In May 2010, Roberts responded to her former attorney’s counterclaim by adding a fraud claim and malicious-prosecution claim to her complaint.
Earlier this month the Supreme Court of Alabama made a ruling affirming in part and reversing in part a circuit court’s previous ruling on the case and remanded the case to the circuit court for further proceedings.
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