Clark v. Beverly Health & Rehabilitation Services, Inc.

This case is before us on a reservation and report, without decision, by a single justice of this court. The issue for review is whether, in light of Messing, Rudavsky & Welicky, P.C. v. President & Fellows of Harvard College, 436 Mass. 347 (2002) (Messing); Patriarca v. Center for Living & Working, Inc., 438 Mass. 132 (2002) (Patriarca); and other authority, Mass. R. Prof. C. 4.2, as amended, 437 Mass. 1303 (2002), ap*271plies to former employees. A Superior Court judge held that it did, and entered protective orders prohibiting the plaintiff’s counsel from privately making contact with the…