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Stein v. Schmitz

Decided: September 3, 1948.

MEYER W. STEIN, APPELLANT,
v.
WILLIAM SCHMITZ, LEWIS S. JACOBSON AND EUGENE V. REGALIA, RESPONDENTS



On appeal.

For the appellant, Harry Green.

For the respondents, John C. Barbour.

Bodine

The opinion of the court was delivered by

BODINE, J. The plaintiff, Meyer W. Stein, sued to recover damages for alleged malicious injury to his standing as an attorney-at-law of this state, arising out of a complaint filed by the defendant William Schmitz in the Supreme Court, charging him with unprofessional, unethical and unlawful conduct.

The defendants, in addition to Schmitz, are Lewis S. Jacobson, a counselor-at-law, and Eugene V. Regalia, an alleged conspirator.

The jury returned a verdict of no cause of action. From the judgment entered, plaintiff appeals.

Reversal is sought solely on rulings on evidence. The rulings complained of come within two headings: (1) admission of alleged hearsay evidence; (2) exclusion of the report of the Board of Bar Examiners.

The questions to be determined are:

1. In an action by an attorney, for malicious injury in his profession, where defense is advice of counsel after full and

true disclosure by client, and the client himself does not testify, may counsel be permitted to give testimony as to that which his client told him, when counsel is himself a defendant? We think he may.

2. Was the report of the Bar Examiners, completely exonerating plaintiff of charges of unethical conduct and finding that defendant was lacking in good faith or honesty of purpose in making ...


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