Immigration Attorney's Bad Advice Allegedly Results In 4 Months Incarceration For Client

In a recent decision an appellate court covering Manhattan upheld a client's right to a jury trial on the claim that he received negligent advice from his attorney that he could leave the U.S.and would not be deported when he returned, as a result of pleading guilty to multiple federal election law violations. The client (lawful permanent resident status) claimed that he traveled abroad in reliance on a written opinion prepared by his attorney that advised it "was unlikely he would be deported as a result of his plea and that, if he were placed in removal proceedings, he could seek a waiver from admissibility." When the client returned to the U.S., he "was detained, placed in removal proceedings, and incarcerated for approximately four months." Now the client wants to be compensated for the economic losses he suffered due to his imprisonment. (Money damages for emotional distress suffered due to legal malpractice is not allowed under New York State law.)

The attorney defendant succeeded in dismissing the client's claims that he pleaded guilty to violations of federal election law based on negligent advice because there was no claim that the client was indeed innocent of the charges. If you dispute the validity of a criminal conviction in the context of a legal malpractice claim--you must claim and be able to prove that you were indeed innocent of the charge. However, the defendant attorney will have to stand trial on the claim that he negligently advised the client could travel abroad without being deported or detained. Sehgal v DiRaimundo, 2018 WL 4778974

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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