Lawyer Can Be Sued for Advice That Led Client To Lawbreaking

, New Jersey Law Journal

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A client's guilty plea does not bar a malpractice suit against a lawyer whose advice may have helped hatch the crime, a New Jersey appeals court says.

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What's being said

  • Glenn Bergenfield

    A lawyer who tells a client that he can legally do something but the something is illegal, and the client gets in trouble, it's an easy one. Any other rule would grant immunity to a lawyer who gave a client such bad advice that the client went to jail. As to Hille: Is there any reason for this distinction: If the lawyer's bad advice caused the client civil trouble should the lawyer get off if it also caused the client to break the criminal law?

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