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BBA to Submit Amicus Brief in Hanover Ins. Company v. Rapo & Jepsen Ins. Consistent with its long-standing support for preserving attorney-client privilege, the BBA will file an amicus brief in Hanover Ins. Company v. Rapo & Jepsen Ins. Services, Inc. and Arbella Mutual Ins. Company. This interlocutory appeal from the entry of a discovery order in an automobile dispute between insurers presents issues regarding attorney-client privilege and work product doctrine in the context of a joint defense agreement: whether Massachusetts law recognizes a joint defense privilege and whether an oral joint defense agreement is enforceable. The brief will support the Appellants’ position that Massachusetts recognize the common interest doctrine, sometimes known as the joint defense privilege. As required by our Amicus Brief Policy, the BBA Amicus Committee provided the attached Executive Summary Memo to the BBA Executive Committee and Council recommending that the BBA submit an amicus brief supporting the joint defense privilege. The Executive Committee approved the drafting of an amicus brief on March 6 and the full Council will review the final draft at its April 17 meeting. The deadline for submission of the brief is April 20. BBA Section Chairs and Public Policy Committee Chairs were notified of the request on March 12 and invited to submit comments to Debbie Gibbs at dgibbs@bostonbar.org no later than Friday, April 13. Special thanks to John A. Shope of Foley Hoag LLP for drafting the brief on behalf of the BBA. |