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Litigation privilege is a legal protection that shields parties involved in a lawsuit from being sued for defamation based on statements made during the litigation process. This privilege applies to acts and statements made by attorneys and parties while pursuing legal action. Depending on the jurisdiction and specific circumstances, the privilege can be either absolute, meaning it offers complete protection, or qualified, which may allow for exceptions. The applicability of litigation privilege is determined by the facts of each individual case.
Table of content
Legal Use & context
This term is commonly used in civil litigation, where parties may need to exchange information and make statements as part of the legal process. It is essential in protecting the integrity of the judicial system by allowing open communication without fear of defamation claims. Users can often manage related forms and procedures themselves with the right resources, such as legal templates available through US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: During a civil lawsuit, a lawyer makes a statement in court about the opposing party's actions. If that statement is deemed defamatory, the lawyer is protected by litigation privilege.
Example 2: A party discloses information obtained through discovery in a deposition. If the other party tries to sue for defamation based on that disclosure, litigation privilege may protect the disclosing party (hypothetical example).
State-by-state differences
State
Litigation Privilege Type
California
Absolute privilege
New York
Qualified privilege
Texas
Qualified privilege
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Difference
Attorney-Client Privilege
Confidential communications between a lawyer and their client.
Focuses on confidentiality, while litigation privilege protects statements made in court.
Work Product Doctrine
Protection of materials prepared by attorneys in anticipation of litigation.
Work product relates to documents, while litigation privilege concerns spoken statements.
Common misunderstandings
What to do if this term applies to you
If you find yourself involved in litigation and are concerned about potential defamation claims, it is essential to understand your rights under litigation privilege. Consider consulting with a legal professional to ensure you are adequately protected. Additionally, you can explore US Legal Forms' ready-to-use legal templates to assist you in managing your case effectively.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
Typical fees: Varies by attorney and case complexity.
Jurisdiction: Applies in civil litigation across various states.
Possible penalties: None for protected statements; however, unprotected statements may lead to defamation claims.
Key takeaways
Frequently asked questions
Litigation privilege is a legal protection that prevents parties from being sued for defamation based on statements made during the litigation process.
No, they are different. Litigation privilege protects statements made in court, while attorney-client privilege protects confidential communications between a lawyer and their client.
No, the application and extent of litigation privilege can vary by state.