Purcell v. District Attorney

424 Mass. 109 (1997)

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Nature of the Case

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Facts

Tyree, received a court order to vacate his apartment. Tyree consulted P, an attorney employed by Greater Boston Legal Services, which provides representation to low-income individuals in civil matters. Tyree had been discharged as a maintenance man at the apartment building in which his apartment was located. After a consultation between Tyree and P, P decided he should advise appropriate authorities that Tyree might engage in conduct harmful to others. P told a Boston police lieutenant that Tyree had made threats to burn the apartment building. Constables, accompanied by Boston police officers to evict Tyree. They found incendiary materials, containers of gasoline and several bottles with wicks attached. Smoke detectors had been disconnected, and gasoline had been poured on a hallway floor. Tyree was arrested and later for attempted arson of a building. D subpoenaed P to testify concerning the conversation with Tyree. P's motion to quash the subpoena was granted. The jury were unable to reach a verdict, and a mistrial was declared. The Commonwealth decided to try Tyree again and sought P's testimony. A judge ruled that the statements were not protected by the attorney-client privilege. P instituted this action.