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4359 A plaintiff suing his former attorney for return of an unearned portion of the retainer paid in connection with a criminal defense and for negligence in handling a post-conviction petition for the return of personal property seized by the authorities is not required to establish actual innocence of the criminal charge that the attorney was retained to defend.CitationBROOKS v SHEMARIA (Actual Innocence) 144 CA4 434 [See: Wiley v County of SD 19 C4 532, T/AT 1/99; Coscia v McKenna 25 C4 1194; Lynch v Warwick 95 CA4 267, T/AT 2/02; Bird, Marella v Superior Court 106 CA4 419, T/AT 4/03]
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