Warwick

Thomas J. Lynch, Jr. appeals a summary judgment and order denying his motion to vacate the judgment on his action for legal malpractice, breach of contract and breach of fiduciary duty against his former criminal defense attorney, Thomas J. Warwick, Jr. Lynch contends the trial court erred in finding that he was required to establish his actual innocence of the underlying criminal charges in order to pursue his claims against Warwick. We affirm.

Facts

In July 1995 Lynch retained Warwick to represent him in several criminal matters, paying Warwick a fee of $17,500. The day before Lynch’s trial, Warwick advised Lynch to plead guilty. Lynch insisted on going to trial, retained new counsel the next day at a cost of $20,000, and obtained a continuance of the trial date. Ultimately, upon the advice of the second attorney, Lynch pleaded guilty to charges of kidnapping and assault with a deadly weapon.

In 1998 Lynch filed a complaint against Warwick containing causes of action for legal malpractice, breach of contract and breach of fiduciary duty. *270 As amended, the causes of action were based on Warwick’s alleged failure to perform the professional services for which he was…

Dissenting. Thomas J. Lynch, Jr., filed a fourth amended complaint against his former attorney Thomas J. Warwick, Jr., 1 containing causes of action for negligence, breach of contract and breach of *276 fiduciary duty. All three causes of action are based on Warwick’s alleged failure to perform the professional services for which Lynch retained him in connection with criminal charges filed against Lynch. The complaint alleges, either directly or through incorporation by reference, that Lynch suffered monetary damages when he was forced to replace Warwick with new counsel. Although Lynch alleges Warwick’s conduct caused him to incur additional attorney fees paid to replacement counsel and refers to the additional fees as damages he suffered, he stated in his opening brief and confirmed at oral argument that he does not seek to recover those fees but rather limits his claim to the $17,500 he paid to Warwick less the reasonable value of services Warwick rendered.

Warwick moved for summary judgment or, in the alternative, for summary adjudication on two grounds: (1) expert evidence is required to prove Warwick violated the standard of care and Lynch did not designate an expert…

Thomas J. Lynch, Jr. appeals a summary judgment and order denying his motion to vacate the judgment on his action for legal malpractice, breach of contract and breach of fiduciary duty against his former criminal defense attorney, Thomas J. Warwick, Jr. Lynch contends the trial court erred in finding that he was required to establish his actual innocence of the underlying criminal charges in order to pursue his claims against Warwick. We affirm.

In July 1995 Lynch retained Warwick to represent him in several criminal matters, paying Warwick a fee of $17,500. The day before Lynch's trial, Warwick advised Lynch to plead guilty. Lynch insisted on going to trial, retained new counsel the next day at a cost of $20,000, and obtained a continuance of the trial date. Ultimately, upon the advice of the second attorney, Lynch pleaded guilty to charges of kidnapping and assault with a deadly weapon.

In 1998 Lynch filed a complaint against Warwick containing causes of action for legal malpractice, breach of contract and breach of fiduciary duty. As amended, the causes of action were based on Warwick's alleged failure to perform the professional services for which he was…