Meehan v. Shaughnessy Ma. S.Ct.,

535 N.E.2d 1255, 404 Mass. 419 (1989)

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Nature of the Case

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Facts

Meehan joined the law firm in 1959 and became partner in 1963. Boyle joined the partnership in 1971 and became partner in 1980. Meehan had a 6% interest in the partnership, Boyle 4.8%. In July of 1984, after a dispute over the pension plan, both decided to leave the partnership in December of 1984. Cohen and other associates agreed to come along. That fall, the departing partners executed a lease, retained an architect, and obtained some financing, all while continuing to work for their original law firm. On November 30, 1984, Shaughnessy (D) approached Boyle about rumors on his leaving. Meehan had already denied it three times, yet Boyle's evasive response affirmed to Shaughnessy that they were leaving. After news of their departure broke, a list of cases was requested by the remaining partners concerning those cases Meehan and Boyle expected to take with them. Meehan and Boyle delayed production of this list for two weeks. Ultimately, 142 cases were taken by the departing partners. Ps brought this action to recover monies due under the D partnership agreement. The judge determined that the P attorneys did not manipulate cases, or handle them differently as a result of their decision to leave D. He also determined that D failed to prove that the clients whose cases were removed did not freely choose to have P represent them. The judge concluded that Meehan and Boyle neither violated the partnership agreement nor breached the fiduciary duty they owed to their partners. The judge also found that Meehan and Boyle did not tortiously interfere with Ds relations with clients or employees. D appealed.