Byrnes v. Jamitkowski

The sole issue before us is the propriety of the allowance by a Superior Court judge of the plaintiffs motion to disqualify the defendants’ counsel pursuant to S.J.C. Rule 3:07, DR 5-101 & 5-102, 382 Mass. 779-780 (1981). 2 See Superior Court Rule 12 (1974). The plaintiff filed a two-count complaint against the defendants. Count I alleged that the plaintiff was wrongfully discharged as an employee of the defendants. Count II alleged that, following the discharge, the parties orally agreed to a severance agreement which the defendants then violated. The defendants’ answer to the complaint…