As I write this post, the Lakers are up 2 games to 1 against the Orlando Magic in the NBA Finals. The Lakers are strong favorites to win and it makes me wonder whether the Magic should just give up and go home. I mean, CAN they win? Sure. Should they even try? Now that’s an entirely different and interesting question, which brings me to the point of this post.
You can sue an attorney for defamation under certain limited circumstances. The important question, however, is, should you?
Attorneys can be sued just like anyone else, but there is a very important privilege which will shield them from liability if they are acting for their client’s benefit.
It’s called the Litigation Privilege.
If an attorney is engaged in an activity in anticipation of, or preparation for litigation on behalf of a client, it is absolutely protected. This means you will not prevail if you choose to file a lawsuit for defamation based on the attorney’s conduct.
So can you sue an attorney for defamation? Sure. But only under limited circumstances.
Just like Orlando can beat the Lakers. Yeah right.
For more reading on this subject:
- The Litigation Privilege Applies to Settlement Letters Directed To Counsel
- The Litigation Privilege Doesn’t Apply To Negotiation/Persuasion