Vavolizza v. Krieger

G-abbibliíX, J.

The question presented is whether the denial of a party’s motion to vacate a guilty plea in a criminal action can act as collateral estoppel in a later action brought by the party against his attorney for malpractice based on the attorney’s advice to plead guilty in the criminal action. On the peculiar facts as we find them in this case we hold that the prior criminal adjudication does indeed block plaintiff’s current attempt to sue his attorney.

In 1968 plaintiff came to trial in United States District Court on an indictment charging him with conspiracy and with fraudulently…