Harmon Law Offices, P.C. v. Attorney General (Lawyers Weekly No. 11-085-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 12‑P‑407 Appeals Court HARMON LAW OFFICES, P.C. vs. ATTORNEY GENERAL. No. 12‑P‑407. Suffolk. October 11, 2012. ‑ June 28, 2013. Present: Graham, Vuono, & Hanlon, JJ. Attorney General. Consumer Protection Act, Demand letter. Mortgage, Foreclosure. Attorney at Law, Attorney‑client relationship. Privileged Communication. Practice, Civil, Interlocutory appeal. Civil action commenced in the Superior Court Department on October 15, 2010. The case was heard by Bonnie H. MacLeod‑Mancuso, J. Evan T. Lawson (Michele A. Hunton with him) for the plaintiff. Jonathan B. Engel, Assistant Attorney General, for the defendant. VUONO, J. Acting pursuant to her authority under the Massachusetts consumer protection act, G. L. c. 93A (c. 93A or the statute), the Attorney General issued two civil investigative demands (CIDs or demands) to Harmon Law Offices, P.C. (Harmon), seeking information regarding its foreclosure and eviction practices.[1] Harmon challenged the demands and filed a complaint seeking relief under § 6(7) of the statute.[2] After a hearing, a judge of the Superior Court concluded that Harmon had not met its burden of showing good cause to set aside the CIDs and dismissed the complaint. Harmon appeals, claiming that the judge abused her discretion because the demands interfere with Harmon’s attorney-client relationships, and the requested documents are protected by the litigation privilege. Harmon also contends that, by representing its clients in foreclosure and eviction proceedings, it is not engaged in trade or commerce and therefore cannot be subject to liability under c. 93A. Thus, Harmon maintains, the Attorney General exceeded her authority by requesting information directly from Harmon regarding possible violations of c. 93A. For substantially the reasons articulated by the Superior Court judge in her thorough memorandum of decision and order dismissing Harmon’s complaint, we conclude that Harmon has not met its burden of showing good cause why it should not be required to produce the requested documents. Accordingly, we affirm. 1. Appellate review of the judge’s order. We begin by addressing a procedural issue which neither party has brought to our attention. An order denying a motion brought pursuant to c. 93A, § 6(7), to set aside or modify a CID is to be distinguished from an order of compliance issued by a court under § 7 of the statute. The former is interlocutory and not appealable as a final order, see […]
Free EZ-Pass Transponders at AAA Offices
With the summer travel season coming up, the Massachusetts Department of Transportation wants drivers to cut back on cash and link up to the EZ-Pass system. MassDOT has joined AAA of Southern New England to make EZ-Pass transponders available at over 15 AAA offices, according to a press statement Thursday. According to the statement, there are still over 155,000 daily cash transactions on toll roads throughout Massachusetts. With the state heading toward a cashless toll system beginning with the removal of cash tollbooths on the Tobin Bridge in early 2014, state transportation officials are encouraging motorists to get ahead of the changes by enrolling in the EZ-Pass program early. “The availability of transponders at AAA branches is one way MassDOT is working to improve access to electronic toll collection so all motorists may enjoy the convenience of E-ZPass,” the MassDOT statement says. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Categories: Arrests Tags: EZPass, Free, Offices, Transponders
Offices Offering Space for Displaced Businesses
Boston officials are continuing to reach out to hundreds of Back Bay businesses affected by the marathon tragedy, trying to get those stores, offices and streets, back up and running. On Tuesday, a temporary Business Assistance Center was set up at the Boston Park Plaza Hotel lobby for city officials to respond to any business, employee, or vendor inquiry. The temporary satellite office was to be open on Wednesday and Thursday, 9 a.m. to 6 p.m. Businesses needing workspace can turn to Coworking Opens Doors – a list of Boston, and Boston-area offices offering to host displaced businesses. “The community of coworking spaces in Boston is deeply saddened by the tragic events at the 2013 Boston Marathon,” said a post on Coworking Opens Doors’s website. “To help people get back on their feet, we’re opening our doors to those affected. If you or your business was impacted by the tragedy at the Boston Marathon, the following spaces will host you, for no charge.” Businesses were asked to contact individual spaces listed on the site. The Boston Chamber of Commerce is instructing people who want to help businesses to give to the One Fund for Boston, set up by the city and state to help those most affected by the bombings. Officials from the Inspectional Services Department, Boston Redevelopment Authority, and Department of Neighborhood Development are on hand at the temporary business assistance center to issue building permits, respond to questions about reopening, required inspections, and other additional business services. Also a dedicated business representative will be reachable at the Mayor’s Hotline at 617-635-4500. The Department of Neighborhood Development is also Tweeting about business assistance using the hashtag #marathonbizhelp. South End Patch