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A blaze that destroyed the celebrated Masonic Temple in Quincy has resulted in a advantage affair adjourned by the Massachusetts Supreme Administrative Court.



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WBZ4NBC covered the fire



A angry blaze has destroyed an iconic Quincy landmark.

The Masonic Temple on Hancock artery is now aloof a shell, afterwards bonfire tore through the architectonics Monday. Firefighters approved to get central to douse the flames, but were apprenticed back.



“It’s absolutely sad,” said Jim Bennette, a bounded Mason, “because this architectonics meant so abundant to so abounding bodies and not aloof because of the art-deco architecture. At its peak, it was home to 4,000 masons.”

The Masons had abiding to advertise the architectonics to a trust

Pursuant to a addition to the acquirement and auction agreement, the acceding could not be assigned by the trustee afterwards the above-mentioned accounting accord of the Masons. In a abstracted acceding accomplished in April 2013, the trustee assigned the rights to the acreage beneath the acquirement and auction acceding to Jay Patel in acknowledgment for $100,000; Patel advised to advance a auberge on the property.

The blaze intervened.

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Shortly thereafter, the Masons claimed that they had never consented to the assignment, banned to admit it, and accustomed over $6 actor from an allowance affirmation arising from the fire.

Patel sued the trustees, claiming amercement from the abortion to defended the consent.

During the advance of discovery, the developer plaintiffs noticed the degradation of David Levin, the advocate who represented the Masons with account to the auction of the acreage and who had additionally commonly represented the assurance defendants on absolute acreage accustomed affairs for over twenty years. The assurance defendants confused for a careful adjustment to bar Levin from admonition his arcane attorney-client communications with them, claiming that Levin represented them as able-bodied as the Masons in the absolute acreage transaction apropos the property, alike admitting Levin took the position that he had represented alone the Masons.

After an evidentiary hearing, the motion adjudicator begin that there was an attorney-client accord amid Levin and the assurance defendants afterwards the blaze apropos allowance claims and third-party claims arising from the fire, but that, with account to the acquirement and auction of the property, Levin represented the Masons, not the assurance defendants. He accordingly disqualified that communications amid Levin and the assurance defendants afore the blaze were not adequate by the attorney-client privilege.

The assurance defendants appealed. 

The cloister advised the amount a analysis altercation and clashing an adjustment disqualifying admonition for abode purposes

We…conclude that orders acute the acknowledgment of advantaged material, such as the adjustment in this case, are not actually irremediable, and accordingly are not appealable beneath the article of present execution…

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Ultimately, the article of present beheading represents a acclimation act that weighs the abuse to cost-effective action arising from piecemeal interlocutory appeals adjoin the abuse that a adversary may ache from a balloon cloister adjustment that is irremediable on column acumen appeal. We achieve that the arduous aggregate of abeyant appeals that would be acceptable by including privilege-related analysis orders aural the article of present execution, and the assured adverse appulse on administrative efficiency, outweighs the built-in abuse that potentially ability be suffered by an afflicted affair who is denied an actual appropriate to appeal.

The cloister nonetheless advised the merits

we achieve that the motion judge’s adjustment cannot angle based on the bound allegation that he made. We accordingly abandon his adjustment and adjourn the amount to the motion adjudicator for added absolute allegation and reconsideration of the motion in ablaze of those added findings. We accurate no appearance as to how the motion should ultimately be decided.

If and back the case returns

A judge’s ultimate cessation as to whether an attorney-client accord existed is a alloyed catechism of law and fact, which we analysis de novo.

While Levin represented the advisers in abounding absolute acreage matters, actuality the Masons were is applicant but

The assurance defendants and Levin agreed that, because he was apery the Masons as the sellers, the assurance defendants would analyze Miriam Marcus as their advocate of almanac in the agreement. Levin accepted that he never announced with Miriam Marcus, and instead announced anon with the assurance defendants because he knew that Martin consistently adjourned absolute acreage affairs personally. Levin beatific abstract abstracts to the assurance defendants for review, able a ability of advocate anatomy for Martin so that he could assurance the acquirement and auction acceding on account of the Grossman Munroe Trust, and accustomed accepting “many conversations” with Martin apropos the transaction afterwards the acceding was active in September 2012, decidedly about deadlines in the acceding and gluttonous an addendum to accomplish due activity obligations.  Levin additionally testified that he discussed with the assurance defendants their apropos about financing, construction, and permits accompanying to the analysis of abode units on the property; those issues were congenital into a addition to the acquirement and auction agreement. Levin billed the Masons and the assurance defendants anniversary one-half of his fee in affiliation with the acquirement and auction transaction.

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While Levin denied he additionally represented the trustees

The assurance defendants acknowledged Levin’s testimony. Seymour Marcus testified that Levin had absolutely told him that Levin was activity to represent both sides, and that Levin had represented opposing parties to a transaction with them before, in the ambience of lenders and borrowers and additionally buyers and sellers. Marcus declared that Levin offered anecdotic accustomed admonition in affairs — afterwards the Masons present — on allowing and architecture issues apropos the acreage and on what “[his] liabilities are to the Masons.” He said that Levin instructed them to account Miriam Marcus as their advocate alone as a formality.

No admiration Levin denied it.

the adjudicator aboriginal begin that there was an attorney-client accord amid Levin and the assurance defendants afterwards the fire. With account to the affairs involving the acquirement and auction acceding afore the fire, the adjudicator begin that the Masons and the assurance defendants aggregate a accepted absorption in the sale, transfer, and development of the property, but not a accepted absorption in the faculty “that their interests were accumbent with attention to this transaction.”

But

The judge…found that there was no attorney-client accord amid the assurance defendants and Levin with account to the acquirement and auction transaction afore the fire.

Conclusion

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The judge’s allegation accession issues both of law and of fact, none of which can be bound afterwards adjourn to the motion adjudicator for added findings. The affair of law is that the judge, afterwards award that the interests of the applicant and agent in this acquirement and auction transaction were “antagonistic” to anniversary other, declared that “in a transaction of this complexity, it seems  absurd that a distinct advocate could represent both abandon in a actual circuitous and adult absolute acreage transaction.” It is not bright from the almanac absolutely what the adjudicator meant by this statement, abnormally area the adjudicator begin that Levin represented both the assurance defendants and the Masons afterwards the fire, back their interests remained adverse.

It is not ethically absurd for an advocate to represent audience with adverse interests.

…Where we cannot be abiding what the motion adjudicator meant by his award that it seems “impossible” for Levin, who was already apery the Masons with account to the auction of its property, additionally to represent the assurance defendants with account to that transaction, we accept it advisable to adjourn the amount to the adjudicator for allegorical allegation on this issue.

And

Importantly, the adjudicator did not abode the acknowledged actuality that Levin billed both the Masons and the assurance defendants for his accustomed assignment apropos this transaction, agreeable his fee appropriately amid them. Where, as here, an advocate bills an absolute applicant for accustomed services, and area the applicant pays for those services, it is reasonable to infer that they had an attorney-client accord with attention to those services.

The cloister additionally acclaimed that an attorney-client accord can be implied. (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2018/11/a-fire-that-destroyed-an-historic-masonic-temple-in-quincy-has-resulted-in-a-privilege-issue-remanded-by-the-massachusetts-su.html

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