Gorovitz v. Planning Board of Nantucket

This case poses the question whether a general partner of a limited partnership, who serves as the partnership’s legal counsel and who is a named plaintiff in an action, may represent the partnership in that action if he intends to testify at trial. We conclude that, under Rule 3:07 of the Rules of the Supreme Judicial Court (1981) and G. L. c. 221, § 48, 2 he may do so.

The case is submitted on a statement of agreed facts. The plaintiffs are general partners of the Nantucket Collaborative, a limited partnership owning a forty-five acre parcel of land in Nantucket. In December, 1981, the…