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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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