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RFF FAMILY PARTNERSHIP, LP v. BURNS & LEVINSON, LLP

No. SJC-11371.

465 Mass. 702 (2013)

RFF FAMILY PARTNERSHIP, LP, v. BURNS & LEVINSON, LLP, & others.

Supreme Judicial Court of Massachusetts, Suffolk.

July 10, 2013.

Attorney(s) appearing for the Case

Richard E. Briansky (Amy B. Hackett with him) for the plaintiff.

Thomas E. Peisch (Erin K. Higgins, Andrew R. Dennington, & Russell F. Conn with him) for Burns & Levinson, LLP, & others.

Jared M. Barnes, for Boston Bar Association, amicus curiae, was present but did not argue.

The following submitted briefs for amici curiae:

Roy A. Bourgeois & Benjamin C. Rudolf for Association of Professional Responsibility Lawyers.

Laurel G. Bellows, of Illinois, & Holly M. Polglase & Matthew C. Kalin for American Bar Association.

Richard M. Zielinski, Timothy J. Dacey, & Gary M. Ronan for Attorneys' Liability Assurance Society, Inc.

Present: IRELAND, C.J., SPINA, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

GANTS, J.

The issue presented on appeal is whether confidential communications between law firm attorneys and a law firm's in-house counsel concerning a malpractice claim asserted by a current client of the firm are protected from disclosure to the client by the attorney-client privilege. We conclude that they are, provided that (1) the law firm has designated an attorney or attorneys within the firm to represent the firm as in-house counsel, (2) the in-house counsel...

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