Brenda Gilbert v. Kenyatta K. Stewart, Esq. (084860) (Bergen County & Statewide) (A-32-20; 084860)
There are facts that support plaintiff’s claim that, had defendant not breached his duty by advising her to accept a guilty plea for offenses she did not commit, there would have been (1) no conviction to report, which would mean (2) no failure to report the conviction, which would mean (3) no inquiry leading to the discovery of prior failures to report, which, in turn, would mean (4) no imposition of disciplinary charges or the other adverse consequences plaintiff asserts as damages. Under the circumstances presented here, a reasonable jury could find that defendant’s breach of his professional duty was a substantial factor in -- and thus a proximate cause of -- plaintiff’s harm.
