|
|
|
|
|
|
|
|
|
|
||||
| home | join | contact | cle | sections | calendar | search | updated: January 2, 2008 | |
|||||||||||
| Boston Bar Association | |
|
|
|
|||||||||
|
|||||||||||||
| SJC Rules in Hanover Ins. Company v. Rapo & Jepsen Ins. Services, Inc. and Arbella Mutual Ins. Company
On August 3, the SJC ruled in Hanover Ins. Company v. Rapo & Jepsen Ins. Services, Inc. and Arbella Mutual Ins. Company. In short, the court decided to recognize the common interest doctrine as it is stated in the Restatement (Third) of the Law Governing Lawyers § 76(1), as well as the force of joint defense agreements, under Massachusetts law. Consistent with its long-standing support for preserving attorney-client privilege, the BBA filed an amicus brief in support of the appellants’ position that Massachusetts recognizes the joint defense privilege, and that joint defense agreements need not be in writing to be enforceable. Special thanks to John A. Shope and Katherine Schmeckpeper of Foley Hoag LLP* for drafting the brief on behalf of the BBA. |