Privileged libel by an attorney

[libeled1]

What is the name of your state? California

I want to sue an attorney for libel. I know that statements by lawyers in litigation are priviledged, giving lawyers involved in litigation immunity from prosecution from libel and slander. But that privilege given to lawyers, I am told, extends only to libelous statements that lawyers may make about other persons involved in that litiation.

Recently, a lawyer in a case to which I have no connection whatsoever made false and libelous statements about me, accusing me of having committed a crime together with a person involved in the lawyer's case. Much later, it was proven that all of the lawyer's statements about me were totally false, and knowingly false. Since I had no connection to this litigation except in the lawyer's false accusations, and the accusations against me meet the definition of the term 'libel,' is this lawyer protected by immunity, based on the privilege granted to statements made by a lawyer in litigation?

In other words, can I sue this lawyer for libel?

 

[The Occultist]

What are your damages?

 

[Some Random Guy]

File an ethics complaint with the state bar about his knowingly false statements to the court. Without damages, your libel case would just be a way for you to spend money on your own lawyer.

 

[libeled1]

Damages are not the issue here

Damages are not the issue that I am inquiring about. I have some damages, which I can prove. However, in defamation cases, such as libel, where something intangible like someone's character, reputation and good name are attacked, there are punative damages and damages for pain and suffering.

I am really concerned with only one issue: privilege. Does this lawyer have immunity from libel suits because statements made in litigation are privileged?--even though in my case, I had no connection whatsoever to the litigation in which the lawyer was involved.

If libelious statements against anyone and everyone not involved in litigation were protected by privilege, it seems to me, that would give a lawyer license to make false statements about anyone he wanted to libel, with no recourse open to the libeled party to defend himself from the libelous charges or collect money for the damages he suffered from the libelous charges.

Can anyone cite a precedent for a case like this one where a lawyer has been sued for libel for his libelous statements made in litigation against a party that had nothing to do with the lawyer's litigation?

 

[quincy]

If these false and defamatory comments were made about you, by the lawyer, in court (as a way, perhaps, to create reasonable doubt about the guilt of his client by deflecting some or all of the blame onto you), you would not be able to sue this lawyer for defamation. His comments are protected by absolute privilege in court. An attorney can say false and defamatory things about another person during a court proceeding without fear of prosecution for defamation. In addition, a reporter covering that hearing can write a fair and accurate report of this proceeding, including any defamatory comments made about you by this attorney, and the reporter, too, would be covered by privilege (although only qualified privilege).

If, under oath, someone were to say false and defamatory things about you in court, however, they could be charged with perjury (or lying under oath).

If any of the defamatory comments about you were to make there way out of the courtroom, though, and repeated by the attorney as fact or implied fact, then you could potentially sue for defamation. As noted above by The Occulist and Some Random Guy, you would need to show injury to be awarded any damages. An invasion of privacy suit would be another possibility, as well. The proofs for both types of suits, however, are often difficult to obtain.

The costs involved in any lawsuit are often prohibitive for an individual, and the time involved can be great. You can have an attorney review all of the relevant facts in your situation to see if there is any chance of a successful suit against the attorney who defamed you.