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Commonwealth v. Tate [SJC-13227]

March 16, 2022

The BBA joined an amicus brief filed by CPCS which argued that potentially incriminating information received by counsel from a third party was considered confidential under Rule 1.6 of the Massachusetts Rules of Professional Conduct. In this case, the attorney received information about—but never had possession of—evidence against his client, which he believed in good faith he was required to disclose to the Commonwealth. The amicus brief argued that these type of disclosures, if required, would severely hinder the attorney-client relationship. The Supreme Judicial Court ruling agreed with the arguments in our brief and reversed the conviction, holding that in this case, the attorney was not obligated to disclose. Read more.