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SERODY v. SERODY

19 Mass. App. Ct. 411 (1985)

474 N.E.2d 1171

ROBERT I. SERODY vs. JUDITH G. SERODY.

Appeals Court of Massachusetts, Middlesex.

February 27, 1985.

Attorney(s) appearing for the Case

David E. Neitlich for the defendant.

Jon H. Kurland for the plaintiff.

Present: BROWN, KASS, & FINE, JJ.

KASS, J.

On his own motion, a Probate Court judge struck the appearance of the defendant-wife's lawyer, Mr. David E. Neitlich, because the plaintiff-husband's lawyer had timely given notice that he intended to call Mr. Neitlich as a witness for the purpose of receiving testimony prejudicial to the wife, Mr. Neitlich's client. That is, the judge foresaw a transgression against S.J.C. Rule 3:07, DR 5-102(B), as appearing in 382 Mass. 780 (1981). At Mr. Neitlich's request...

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