Legal Question in Civil Litigation in Massachusetts

Re: Priviledged information

Your message left me confused. When one says that XXX is defending my suit, do you mean that they are the defendant and you are the plaintiff, or that they are defending you?

I'll also guess that you are the plaintiff in a wrongful firing suit. I take it that you are being counterclaimed for defamation of someone (the agency?) and that to prove you were right about what you said, you need this time of injury. Otherwise, I take it, you are suing for defamation and you need the time to prove something said about you is untrue.

I believe they can't keep that information from you, and I'd surely rule against them in this suit. If they need you to agree to the record confidential in order to release it to you in discovery, they should say so and the judge will straighten the matter out ... put orders on you as part of the agreement when you make a motion to compel their answers to your discovery requests. You can also try calling the client -- is the injured alive and able? -- and getting his permission to get that or other information (such as hospital records) to establish the time.

If the "defamation" was done in the records which are confidential, then you have a different scenario. What's the actual story here?

If you're in Superior Court, I assume you have a lawyer because the procedure there is too daunting for a pro se plaintiff to handle himself or herself.

Write to me directly in response, if you like.

Re: Priviledged information

Since you have an attorney involved in your case, I suggest you ask him or her, nevertheless, privileged information is communication between attorney and client, priest and 'sinner', doctor and patient, etc. It can alos refer to personnel records, medical records, etc.