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Non-Compete Blog

Posts from February 2015.

A lawyer crafts a demand letter to make a special point: she represents a client who’s been wronged and she is prepared to take aggressive steps to make that wrong right.  She is bound by the rules of professional conduct, of course, and a bad faith letter may expose her to professional discipline.  But can a demand letter that goes too far—for example, by threatening litigation that has no basis in fact—also put her at risk of a civil defamation suit?  New York’s highest court answered that question this week with a “maybe.”  When it comes to an actual and ongoing litigation, an absolute privilege shields lawyers from defamation suits.  In Front v. Khalil, the Court of Appeals said that a lawyer’s statements made in connection with future litigation are entitled only to a qualified privilege—a privilege that can be lost if the lawyer acts unethically.

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