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
Isn’t there a Law that requires them to be honest when communicating with opposing counsel? Or at least, obtain facts before spouting whatever they want? Or, because the attorney was writing on behalf of their client, it falls under the protected privilege you mentioned earlier?
~Matt
But what are the circumstances that make you be able to sue? Like presenting false evidence and outright lies?
I was involved in a class action lawsuit that ultimately lost. I backed out shortly after beginning when my life went in a different direction (having child, moving states and career changes) my name was used and is all over internet. Other people were involved but my name was used and it haunts me. Its an embarrassing case and I was ultimately let go from it but still it is there for the world to see. I feel more than defamed I feel robbed of my name and likeness. What can I do? I just want to clear my name.