Lawyers who reveal personal client info shielded by litigation privilege

Suppose opposing counsel inadvertently reveals your client's social security number in a pending lawsuit despite your request under applicable rules that he not do so. Can you sue for, say, invasion of privacy and negligent infliction of emotional distress?

You can't, George Bellas reports in the latest issue of Trial Briefs, newsletter of the ISBA Civil Practice and Procedure section. "The recent case of Johnson v. Johnson and Bell, Ltd., 2014 IL App (1st) 122677 (February 24, 2014), considered this issue and ruled that the litigation privilege precluded any liability," Bellas wrote. The court reasoned that "attorneys enjoy immunity from defamation actions arising out of a judicial proceeding," relying on Restatement (Second) of Torts ยง 586. Find out more.

Posted on April 16, 2014 by Mark S. Mathewson
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