Tuesday, May 7, 2013

Gambling On Malpractice

The New Jersey Appellate Division reversed the grant of summary judgment to a defendant attorney in a legal malpractice case.

One plaintiff is a former police officer who claimed that the defendant's incorrect legal advice led to his conviction for third degree promotion of gambling. The other plaintiff is married to the co-plaintiff and was the legal owner of the gambling enterprise.

The court

...a rational jury in this case could find that defendant's role as legal advisor was a substantial factor that led plaintiffs to engage in criminal conduct.

The conviction of one of the plaintiffs was held to be no bar to the legal malpractice claim. Notably, all of the criminal conduct took place after the attorney was retained as legal advisor.

The court affirmed the dismissal of emotional stress claims.

The conduct of the plaintiffs involved a poker tournament. (Mike Frisch) 


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