Pro se litigants are not entitled to greater rights than those with lawyers, a state appeals court said Monday in affirming dismissal of a legal malpractice case under New Jersey’s entire controversy doctrine.
The plaintiff — who sued his lawyer three times, two of them pro se — was “using successive litigation as a club” and “should not be able to sue, then investigate more, then sue, then investigate even further, ad infinitum,” the Appellate Division said in an unpublished opinion in Estate of Elyree Smiley v. McElnea, A-0245-08.
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