Beacon Residential Management, LP v. R.P., 477 Mass. 749 (2017)

Citation: Beacon Residential Management, LP v. R.P., 477 Mass. 749 (2017)
Parent Document: Beacon Residential Management, LP v. R.P., 477 Mass. 749 (2017)
Jurisdiction: Massachusetts (state)
Effective Date: 2017-09-14
Original Source: https://www.courtlistener.com/opinion/4426085/beacon-residential-management-lp-v-rp/ ↗

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nothing to do with intervention or any analogous pretrial
situation. More importantly, adopting such a rule would
overlook the procedural context of a motion to intervene.
Indeed, the sources cited by the landlord concern appellate
review following a full trial on the merits, whereas a motion to
intervene is generally filed prior to discovery.
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        As the judge noted, R.P. was no longer permitted to live
with the family due to the abuse prevention order, so he had
very little incentive to act in the mother's or children's
interest. See Frostar Corp. v. Malloy, 77 Mass. App. Ct. 705,
712 (2010), quoting United States Postal Serv. v. Brennan, 579
F.2d 188, 191 (2d Cir. 1978) ("burden of showing that
representation may be inadequate . . . 'should be treated as
minimal'").
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