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Professional Responsibility Keyed to Martyn
Messing, Rudavsky & Weliky, P.C. v. President and Fellows of Harvard College
Citation:764 N.E.2d 825 (Mass. 2002)
Messing, Rudavsky & Weliky, P.C. (Plaintiff) filed an employment discrimination lawsuit against Harvard College (Defendant) on behalf of a member of the University Police Department. Plaintiff communicated ex parte with five other employees of Harvard’s police department after initiating the suit, in the course of investigating their case. None of the five employees were claimed to be involved in the alleged discrimination or having exercised management authority regarding the alleged discriminatory acts. The trial court sanctioned Plaintiff for violating a Massachusetts rule that prohibits an attorney from speaking ex parte to employees of an organization when it is an adversary litigant.
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