Messing, Rudavsky & Weliky, P.C. v. President & Fellows of Harvard College

I concur that the financial sanction levied against Messing, Rudavsky & Weliky, P.C., must be set aside, but do so for reasons different from those set forth in the court’s opinion. I disagree with the court’s interpretation of Mass. R. Prof. C. 4.2, 426 Mass. 1402 (1998), and its comment that became effective on January 1, 1998, and therefore dissent from its holding in that regard.

Rule 4.2. Whatever the merits of the interpretation that the court today gives rule 4.2, it is not consistent with the rule and the comment that we adopted in 1998, or its predecessor, S.J.C. Rule 3:07, Canon 7,…