IN THE MATTER OF A GRAND JURY INVESTIGATION

SJC-10173

453 Mass. 453 (2009)

IN THE MATTER OF A GRAND JURY INVESTIGATION.

Supreme Judicial Court of Massachusetts, Worcester.

March 23, 2009.


Attorney(s) appearing for the Case

John M. Goggins for the attorney.

Jane A. Sullivan, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.


SPINA, J.

This case requires us to decide whether the attorney-client privilege applies where a client leaves messages on his counsel's telephone answering machine threatening to harm others and the attorney discloses those communications in order to protect those threatened.

The salient facts are not in dispute. Attorney John Doe was representing Michael Moe,1 a father, in a care and protection

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