Professional Negligence Law Reporter

Sehgal v. DiRaimondo, 2018 WL 4778974 (N.Y. App. Div. Oct. 4, 2018).

A New York appellate court held that a client’s legal negligence claim can go forward where he was detained after relying on his attorneys’ advice and traveling abroad following a guilty plea.

Sanjay Sehgal, a permanent resident of the United States, faced charges of violating federal election law. He sought legal advice from several attorneys who specialize in immigration law and was told in a written memorandum that it was unlikely he would be deported or placed in removal proceedings if he pleaded guilty. Relying on this advice, Sehgal pleaded guilty and later traveled abroad. Upon his return, he was detained, placed in removal proceedings, and incarcerated for approximately four months.

Sehgal sued the attorneys, alleging legal malpractice. The defense moved to dismiss. The trial court granted the motion, citing a lack of causation.

Affirming in part, but on alternative grounds, the appellate court found that Sehgal’s assertion that he pleaded guilty to criminal charges while relying on the defendants’ negligent legal advice regarding the immigration consequences of such a plea is precluded by the guilty plea and his lack of innocence. Nevertheless, the portion of Sehgal’s malpractice suit concerning the defendants’ alleged negligence in advising him of the potential immigration consequences of traveling abroad after entering a guilty plea states a valid claim for legal malpractice, the court said, distinguishing the policy underlying the preclusion of legal malpractice claims for parties who have not asserted their innocence and noting that in the second claim, the plaintiff had not disputed the validity of his conviction.

Consequently, the court held that dismissal of all the plaintiff’s claims had been improper.

Plaintiff counsel: AAJ member Robert Godosky, New York City.