Litigation Privilege, Attorney Immunity and Ethics: Defending Retaliatory Suits and Ethics Complaints
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss the boundaries of the litigation privilege and attorney immunity as defenses to retaliatory civil actions and ethical complaints filed against attorneys and party opponents. The panel will also survey evidentiary and procedural issues that arise in these cases. As part of their analysis, the panel will review what tactics are ethically out of bounds under Model Rule of Professional Responsibility 4.1 that deals with Truthfulness in Statements to Others.
- Introduction and overview of recent cases; Model Rule 4.1
- Origins and history of the litigation privilege
- Nexus between communication and proceedings
- Qualified v. absolute privileges
- Exceptions, malice, and cross jurisdictional issues
- Applying privilege outside of litigation
- Non-litigation situations
- Bar complaints and malpractice
The panel will discuss these and other key issues:
- Does Model Rule 4.1 apply when an attorney is a party to litigation?
- To what degree are intentionality and good faith factors when considering questions of litigation privilege or attorney immunity?
- Do the privilege and immunity apply to transactions or only to judicial proceedings?
- What law applies?
Jeffrey P. Lieser
Lieser Skaff Alexander
Mr. Lieser concentrates his practice on complex business and real estate litigation. He also serves as class... | Read More
Mr. Lieser concentrates his practice on complex business and real estate litigation. He also serves as class action counsel and as a Florida Supreme Court Certified Circuit Civil Mediator. From 2017 to 2022, Mr. Lieser was named to the Florida Legal Elite roster. The select lawyers on this prestigious list represent fewer than 1.5% of active Florida Bar members. Mr. Lieser has also been selected as a Rising Star by Super Lawyers® magazine each year from 2013-2017, and a Super Lawyer in 2021 & 2022.Close
Nicole Reid, Esq.
Reid Legal Solutions
Ms. Reid began practicing law in the State of Florida in 2012. She is an active member of the Florida Bar, the American... | Read More
Ms. Reid began practicing law in the State of Florida in 2012. She is an active member of the Florida Bar, the American Bar Association, Orange County Bar Association, Lake County Bar Association and the Central Florida Association for Women Lawyers. Ms. Reid also serves as co-chair of the Attorneys' Liability Subcommittee of the American Bar Association's Professional Liability Litigation Committee.Close
Timothy J. Simeone
Mr. Simeone is co-chair of the Issues and Appeals group at HWG LLP, and also works extensively with both the... | Read More
Mr. Simeone is co-chair of the Issues and Appeals group at HWG LLP, and also works extensively with both the Communications and Legal Ethics and Malpractice groups. He has argued cases on a wide variety of issues before the United States Supreme Court, the D.C. Circuit, and other federal courts of appeals. Mr. Simeone has also argued before state courts of last resort, the U.S. Court of Claims, and the District of Columbia Board on Professional Responsibility.Close
James E. (Jim) Smith
Crain Caton & James
Mr. Smith principally focuses on environmental and safety matters including defense of enforcement actions, cost... | Read More
Mr. Smith principally focuses on environmental and safety matters including defense of enforcement actions, cost recovery, compliance counseling, and supporting transactions. He also has experience in intellectual property matters and is registered before the U.S. Patent and Trademark Office as a patent attorney. He has argued before the US Court of Appeals for the Fifth Circuit, the Supreme Court of Texas, and several intermediate Texas appellate courts and has tried several jury and nonjury trials.Close