Massachusetts facts & law.
After D causes death in M.V. accident she is charged with vehic. homicide. In criminal case, atty advises D admit to facts sufficient to warrant finding of guilt. Crim. judge accepts admission and continues case 1 yr, without a finding. If no other crimes & OK with P.O., case to be dismissed in 1 yr. D does so. D then is sued civilly. D has Homestead exemption of $500,000. Atty advises D to sign Agree 4 Judg for $1MM & then to file for Bankr & wipe out debt to deceased's estate. D does so. Criminal case then dismissed.
D files for Bankr protection, & seeks adjudication. Trustee & creditors object on grounds of admission to guilt in criminal case is = to finding of guilt. Thus, no Bankruptcy protection.
Is atty guilty of malpractice?
