Category: Articles & Resources

Attorney’s Creation of a Conflict of Interest Leads to Finding of Ineffective Assistance of Counsel

The Massachusetts Supreme Judicial Court (“SJC”) recently provided guidance on how attorneys can comply with their ethical obligation to share discoverable evidence with opposing counsel while zealously advocating on behalf of their clients. In Commonwealth v. Tate, the SJC held that trial counsel had no ethical obligation under the Massachusetts Rules of Professional Conduct to […]

Litigation Privilege Proves to be a Successful Shield from Civil Liability for Massachusetts Attorneys

The Massachusetts Supreme Judicial Court recently affirmed the dismissal of a direct claim against an attorney based on the litigation privilege. The attorney, who represented the wife in a divorce proceeding, was sued by creditors of the ex-husband for allegedly “colluding” to create a bogus divorce agreement, avoiding payment to the husband’s creditors. In Massachusetts, […]