Alampi v. Russo, 345 N.J. Super. 360 (App. Div. 2001)
Student Contributor: Melissa Goldberg
NJ Underlying Criminal Defense
Facts: Plaintiff, a public accountant, sued his attorney for legal malpractice alleging his professional negligence caused him to plead guilty to a federal misdemeanor charge for refusing to give information to the IRS in a tax investigation. Plaintiff contended that his attorney failed to keep him properly informed about the potential of a criminal investigation and failed to arrange a meeting with the IRS where the government could have been persuaded to either grant him immunity or decide not to prosecute.
Issue: Does an unimpeached guilty plea in a criminal proceeding bar recovery in a legal malpractice action?
Ruling: Yes, Plaintiff cannot seek in a civil action to renounce his federal conviction, or seek money damages for a wrongful conviction based on his guilty plea which he never otherwise attacked, since:
1) He unconditionally pled guilty to a criminal offense committed before representation was commenced; and
2) It would undermine the guilty plea if a defendant were allowed to argue that no prosecution would have occurred if his attorney had used different tactics.
Lesson: Public policy does not permit defendants who have been convicted of a criminal offense from profiting from their illegal conduct by shifting blame to their defense attorneys.
Tagged with: criminal defense, Criminal Law, Guilty, New Jersey, Plea, settle and sue
Posted in: Criminal Law, New Jersey