Litigation Privilege Claim Ends Abuse of Process Suit

The litigation privilege is a valid defense when a law firm is sued for abuse of process based on its efforts in representing a client, the Florida District Court of Appeal, Third District, ruled Oct. 19. The court rejected the plaintiff’s argument that recognition of the privilege in this scenario effectively eliminates the tort by granting law firms immunity for litigation-related misconduct. Complainants still may pursue a claim for an abuse of process if the claim is based on conduct unrelated to the judicial proceeding in question, it said. It also pointed out that litigation misconduct may be addressed through ...