Nadler v. Treptow

BECKER, Justice.

I reluctantly dissent.

Both the municipal court and the majority opinion completely ignore the fiduciary relationship of this plaintiff to defendant, his client. This court quotes (and apparently approves) the trial court’s findings. Attached to the decision was a copy of rule No. 12, Canons of Professional Ethics.

The trial court might better have appended a copy of rule No. 10 and first paragraph of rule No. 11 of the Canons:1 “10. Acquiring Interest in Litigation. The lawyer should not purchase any interest in the subject-matter of the litigation which he is conducting.

“11.…