Meschi v. Iverson, 60 Mass. App. Ct. 678 (Mass. App. Div. 3/22/2004), 03-P-123.

• Decision Date: 22 March 2004
• Docket Number: No. 03-P-123.,03-P-123.
• Parties: WILLIAM MESCHI & another<SMALL><SUP>1</SUP></SMALL> <I>v.</I> KAREN IVERSON.
• Court: Massachusetts Appellate Division

Page 678

60 Mass. App. Ct. 678

WILLIAM MESCHI & another¹

v. KAREN IVERSON.

No. 03-P-123.

Massachusetts Appellate Division.

Middlesex.

January 21, 2004.

March 22, 2004.

Present: McHUGH, COHEN, & GREEN, JJ.

Attorney at Law, Admission pro hac vice.

In a civil action, the judge did not abuse her discretion in denying the plaintiffs' motion for an out-of-State attorney to be admitted pro hac vice, where the attorney's colleagues, as members of the Massachusetts bar, were available to represent the plaintiffs, and where the attorney came close to committing an ethical breach in engaging in conversation a person whom he knew to be represented by counsel in the matter at issue. [681-684]

CIVIL ACTION commenced in the Superior Court Department on August 24, 2001.

A motion for counsel to be admitted pro hac vice was heard by Linda E. Giles, J.

James V. Tabner (Dudley C. Goar with him) for the plaintiffs.

Leigh-Ann M. Patterson (Maia H. Harris with her) for the defendant.

GREEN, J.

A judge of the Superior Court denied the plaintiffs' motion for their New York attorney to be admitted, pro hac vice, to represent them in this action, and the plaintiffs appealed that order. Our review of the record persuades us that the judge did not abuse her discretion in denying the motion. We accordingly affirm the order.

The parties' underlying dispute arises from the administration of a trust established by their mother, Loretta Meschi. The parties were named jointly as trustees of the trust until May 10, 2001, when Loretta executed an amendment to the trust and a

1. Denise Meschi-Guntrum.