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Rubin v. Tress

New Jersey Appellate Division

June 8, 2020

Plaintiff-appellant was a lawyer representing himself in an action to recover unpaid legal fees. Seemingly not content with simply proving true the old adage about a lawyer representing himself, the lawyer was also curt and disrespectful, as well as foolish. He alleged in his complaint that he gave the proper 30-day notice required under Rule 1:20A-6. But when the defendant’s counsel requested a copy, the plaintiff refused to provide it. The lower court dismissed the complaint in large part based on the plaintiff’s lack of courtesy. The Appellate Division found that less-than sufficient grounds. Nonetheless, not wanting to do the plaintiff any favors, the court ruled that, under Rule 4:18-2, the plaintiff was required to produce any document referenced in his complaint but not appended thereto. As a result, the Appellate Division affirmed the Law Division’s ruling dismissing the complaint.

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