GTP hosts Steve Lowery and Yvonne Godfrey delve into the riveting case of Donald Clark vs. the State of Iowa with guest Mel Orchard from the Spence Law Firm. They explore the wrongful conviction of Donald Clark, a school counselor accused of sexual assault in 2009, and the subsequent legal malpractice case against his public defender for inadequate representation. The discussion highlights the significant emotional and physical toll on Clark during his six and a half years in prison, the courtroom strategies employed, and the eventual $12 million verdict for emotional distress.

Remember to rate and review GTP in iTunes: Click Here to Rate and Review

Case Details:

The case revolves around a legal malpractice action against a state public defender, who represented a client convicted of sexual abuse. The client, Donald Lyle Clark, was convicted and sentenced to prison. The conviction was affirmed on appeal. However, in postconviction proceedings, the court determined that Clark's defense counsel had provided ineffective assistance and ordered a new trial. The state declined to prosecute, and Clark filed a civil action for legal malpractice against the state as the lawyer’s employer. The district court granted partial summary judgment, holding that the finding of ineffective assistance in the postconviction proceedings established counsel’s negligence as a matter of law. The jury found the lawyer negligent and awarded Clark $12 million in emotional distress damages.
The Supreme Court of Iowa reversed the judgment for emotional distress damages. The court clarified that to recover emotional distress damages for legal malpractice, the plaintiff must prove more than negligence. The court held that the plaintiff must prove by a preponderance of clear, convincing, and satisfactory evidence that the criminal defense attorney acted with willful and wanton disregard for the client’s rights or safety. The court concluded that the district court erred by instructing the jury that negligence was sufficient. The case was remanded for further proceedings consistent with this opinion. (Source)

Guest Bio:

Mel Orchard

Mel Orchard is a trial lawyer, trying cases in the courtrooms across America, for the past 27 years. Mel has litigated and/or tried hundreds of cases in his career and has recovered hundreds of millions of dollars in settlement and verdicts for his clients. During his trial career, Mel has been a part of record-breaking civil jury verdicts in various jurisdictions (Wyoming, Arizona, and Iowa). He has also devoted significant time to pro bono work through Lawyers and Advocates for Wyoming, and many local and national charities.

In addition to preparing for trial or being in trial, Mel was a senior faculty member and board member at the Trial Lawyer's College in Wyoming and was recently selected to join the Board.

Mel also lectures and presents to various legal organizations throughout the country including Bar Associations, Leadership Organizations and has taught Judicial Ethics to various groups of judges. He was Chairman for the Wyoming Commission for Judicial Conduct and Ethics where he served as a member for six years after appointment.

Read Full Bio

Links:

The Spence Law Firm on Facebook: Spence Law Firm

Check out previous episodes and meet the GTP Team: Great Trials Podcast

Show Sponsors:

Harris Lowry Manton LLP - hlmlawfirm.com

Free Resources:

Stages Of A Jury Trial - Part 1

Stages Of A Jury Trial - Part 2