Carmel v. Lunney

OPINION OF THE COURT

Alexander, J.

In this action for legal malpractice based upon the alleged breach of an attorney’s duty to advise his client of potential conflicts of interest and of the possible criminal consequences of incriminating testimony given during a Martin Act hearing, the undisturbed determination of the client’s guilt in the subsequent criminal prosecution precludes him, as a matter of law, from recovering for civil damages flowing from the allegedly negligent representation.

Plaintiff, Paul Carmel, worked as a licensed securities salesman with the brokerage firm of Fittin,…