Where a criminal defendant files a legal malpractice suit against their defense counsel, they are not required to allege actual innocence if the alleged malpractice relates to a fee dispute and does not assert deficient performance by counsel.The 2nd District Appellate Court affirmed in part, reversed in part, and remanded a decision from DuPage County Associate Judge David E. Schwartz.Rene Rojo retained James D. Tunick as criminal defense attorney in May 2014, to defend him against various drug and weapon offenses. Tunick …