Legal Opinion

NGM Insurance v. Cotter

Massachusetts Superior Court

Decided November 13, 2009No. 20082074Published

1Opinion of the Court

Kenton-Walker, Janet, J.

NGM Insurance Company and The Main Street America Group and Ringler Associates Manchester, Inc. (collectively, “plaintiffs”), move the court to disqualify attorney Maureen A. O’Reilly (“Attorney O’Reilly”), counsel for the defendants, Jennifer A. Cotter and Michael G. Cotter (“Cotters”) , arguing Attorney O’Reilly is a necessary witness at trial. The court agrees.

Massachusetts Rules of Professional Conduct 3.7(a) provides that “[a] lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness,” subject to three exceptions, none of…

2Cases cited4 opinions

  1. Serody v. SerodyMassachusetts Appeals Court · 1985
  2. Gorovitz v. Planning Board of NantucketMassachusetts Supreme Judicial Court · 1985
  3. Steinert v. SteinertMassachusetts Appeals Court · 2008
  4. NGM Insurance v. CotterMassachusetts Superior Court · 2009

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