A: Hi, your question comes up very often. The first to do is to focus on winning the post-conviction petition. Many states have a rule that the plaintiff (former prisoner) has to establish actual innocence before filing a lawsuit. So, I would focus on that requirement before worrying about a malpractice case. In Illinois, once you were found innocent you would have two years to file a case against the lawyer for malpractice.
A: You can only sue a lawyer for economic damages, meaning the money you lost due to the representation. Did you sign the release? if you did, you may be able to receive a settlement check.
The settlement must be agreed to by you as well. If the lawyer did not have your authority to settle, find a new lawyer to handle the case if possible.
However, if you are simply backing out of the deal that you made, you should reconsider and take the money.