Holland v. Fisher

3 Mass. L. Rptr. 171
CourtMassachusetts Superior Court
DecidedDecember 21, 1994
DocketNo. 92-3900
StatusPublished

This text of 3 Mass. L. Rptr. 171 (Holland v. Fisher) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holland v. Fisher, 3 Mass. L. Rptr. 171 (Mass. Ct. App. 1994).

Opinion

Gershengorn, J.

Plaintiff, Maureen Buckley Holland (“Holland”), brings this action for legal malpractice and violation of G.L.c. 93A, alleging that the defendant, Jeffrey H. Fisher’s (“Fisher”), simultaneous representation of her and the Malden Police Patrolmen’s Association (MPPA) constituted a conflict of interest and caused Fisher to represent Holland in a manner below the standard expected of a competent attorney.

Fisher now moves, pursuant to Mass.R.Civ.P. 26 and 37(a)(2), for an order compelling Holland to allow the following items of discovery: (1) documents and testimony of Attorney Douglas Louison on advice regarding Fisher’s alleged conflict; (2) documents held by Attorney Alan Fanger relating to decisions of the prosecution of the underlying action; (3) Holland’s deposition testimony regarding a hearing in the underlying case; and (4) Holland’s deposition testimony on what Fisher allegedly did to interfere with a settlement of the underlying action. The facts of this action pertinent to Fisher’s discovery motion are as follows.

BACKGROUND

Holland brought an action in the Malden District Court seeking review of a decision by the Civil Service Commission which terminated her employment with the Malden Police Department. While this district court action was pending, Holland, through her then-attorney Fisher, entered into settlement negotiations with the city. This attempt at settlement failed. Holland brings this action against Fisher based on his conduct during those settlement discussions.

In April 1991, while the parties began discussing possible settlement of the district court action, Holland retained Attorney Douglas Louison. In 1993, Attorney Alan Fanger undertook Holland’s representation in the district court action.1 In July 1993, summary judgment entered against Holland.

DISCUSSION

The parties here have, on various occasions, asked this court to use its wide discretion to determine the conduct and scope of certain discovery matters in Holland’s instant action against Fisher. Solimene v. B. Graul & Co. KG, 399 Mass. 790, 799 (1987); GTE Products Corp. v. Stewart, 414 Mass. 721, 725 (1993). Fisher’s present motion raises concerns about the importance of the attorney-client privilege as well as the exceptions to the privilege previously discussed at length by this court. In the Matter of a John Doe Grand Jury Investigation, 408 Mass. 480, 482 (1990); see also, DR4101, Canons of Ethics and disciplinary Rules and Regulating the Practice of Law, SJC Rule 3:07, 382 Mass. 768, 778-79 (1981); Thompson v. Cashman, 181 Mass. 36 (1902) (privilege does not apply to disputes between clients who share the same attorney); Beacon Oil Co. v. Perelis, 263 Mass. 288, 293 (1982) (no privilege in disputes between joint clients); Commonwealth v. Brito, 390 Mass. 112, 119 (1983) (no privilege applied to disputes between client and attorney regarding collection of a fee or allegations of wrongful conduct against the attorney). See also Proposed Mass. R. Evid. 502(d). [172]*172A recent decision rendered by this court found that the purpose of the privilege and the interests of justice would not be well served were Fisher allowed to assert the privilege as to discussions with ihe MPPA thereby preventing Holland’s discovery with respect to the alleged conflict of interest. See Memorandum Of Decision And Order In Plaintiff, Maureen Buckley-Holland’s Motion To Compel Answers To Deposition Questions (December 19, 1994) (Gershengorn, J.).

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Related

Solimene v. B. GRAUEL & CO., KG
507 N.E.2d 662 (Massachusetts Supreme Judicial Court, 1987)
GTE Products Corp. v. Stewart
610 N.E.2d 892 (Massachusetts Supreme Judicial Court, 1993)
Commonwealth v. Brito
453 N.E.2d 1217 (Massachusetts Supreme Judicial Court, 1983)
In the Matter of a John Doe Grand Jury Investigation
562 N.E.2d 69 (Massachusetts Supreme Judicial Court, 1990)
Thompson v. Cashman
62 N.E. 976 (Massachusetts Supreme Judicial Court, 1902)
Beacon Oil Co. v. Perelis
160 N.E. 892 (Massachusetts Supreme Judicial Court, 1928)

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Bluebook (online)
3 Mass. L. Rptr. 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holland-v-fisher-masssuperct-1994.