MESSING, RUDAVSKY & WELIKY, P.C. v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE


436 Mass. 347 (2002)

MESSING, RUDAVSKY & WELIKY, P.C. v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE.

Supreme Judicial Court of Massachusetts, Suffolk.

March 19, 2002.


Attorney(s) appearing for the Case

Wendy H. Sibbison for the plaintiff.

David C. Casey (Scott Moriarty with him) for the defendant.

The following submitted briefs for amici curiae:

John Leubsdorf, of New York, for Teachers of Professional Responsibility.

Jonathan J. Margolis & Paula A. Brantner for National Employment Lawyers Association.

Mary T. Sullivan & Donald J. Siegel for AFL-CIO & others.

Elaine R. Jones, Theodore M. Shaw, Norman J. Chachkin, James L. Cott & Robert H. Stroup for NAACP Legal Defense & Educational Fund, Inc., & others.

William C. Newman & Sarah R. Wunsch for American Civil Liberties Union of Massachusetts.

Luz Arevalo, Monica Halas, Carol R. Mallory, Allan G. Rodgers & Ernest Winsor for Greater Boston Legal Services & another.

Arthur G. Telegen, Jennifer W. Corinis, Richard Alfred, Seyfarth Shaw & Cynthia Amara for Boston Area Management Attorneys Group & another.

Thomas F. Reilly, Attorney General, Laura Maslow-Armand, Pamela L. Hunt & Hilary Weinert Hershman, Assistant Attorneys General, for the Attorney General.

Present: GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


COWIN, J.

The law firm of Messing, Rudavsky & Weliky, P.C.1 (MR&W), appeals from an order of the Superior Court sanctioning the firm for violations of Mass. R. Prof. C. 4.2, 426 Mass. 1402 (1998), and its predecessor, S.J.C. Rule 3:07, Canon 7, DR 7-104 (A) (1), as appearing in 382 Mass. 786 (1981). Both versions of the rule prohibit attorneys from communicating with a represented party...

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