Katherine Guermacheva

1 month ago | mondaq.com | Lee Marshall |John W. Amberg |Katherine Guermacheva

PROTECTING COMMUNICATIONS BY LAWYERS AND CLIENTS FROM DEFAMATIONAND OTHER TORT CThe litigation privilege insulates communications made bylawyers and their clients during, and in some circumstances, priorto judicial or quasi-judicial proceedings from defamation and othertort claims. Policy considerations for the litigation privilegeinclude avoiding the chilling effect of subsequent litigation,limiting collateral attacks upon judgments, and encouragingsettlement.