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McGUINNESS v. BARNES

294 N.J. Super. 519 (1994)

683 A.2d 862

RICHARD MCGUINNESS, PLAINTIFFS, v. TIMOTHY L. BARNES, ESQ. ATTORNEY AT LAW OF THE STATE OF NEW JERSEY, WILLIAM O. BARNES, JR., ESQ., ATTORNEY AT LAW OF THE STATE OF NEW JERSEY AND BARNES & BARNES, ATTORNEYS AT LAW OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division (Civil) Union County.

Decided November 16, 1994.

Attorney(s) appearing for the Case

Hilton L. Stein for plaintiff.

Patrick M. Callahan for defendant (Tompkins, McGuire & Wachenfeld, attorneys).

Joshua P. Cohen, amicus curiae on behalf of "Institute of Continuing Legal Education" (Cohn Lifland Pearlman Herrmann & Knopf, attorneys).

MENZA, J.S.C.

This is a legal malpractice case.

Defendant moves to bar plaintiff's use at trial of defendant's comments made while he was a panelist at a legal seminar.

The question presented is whether an attorney's out of court statements made at a legal seminar can be used against him in the trial of a legal malpractice case.

Plaintiff has brought suit against the defendant for legal malpractice based on his failure to pursue a medical malpractice...

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