Liability Minute Blog

The Liability Minute blog is a resource provided by ISBA Mutual, offering concise and insightful updates on emerging legal issues. This platform keeps legal professionals informed about the latest developments and trends in liability law, helping them navigate complex legal landscapes with ease. Each minute-long segment distills critical information into a digestible format, ensuring that practitioners stay current and well-equipped to address evolving legal challenges.

Absolute Litigation Privilege: What Illinois Litigators Can (and Can’t) Say

In Illinois, the absolute litigation privilege provides litigators with broad protection for statements made in the course of representing clients. But that protection has limits every trial lawyer should understand. At its core, the doctrine shields attorneys from civil liability for allegedly defamatory statements made in connection with a judicial proceeding, so long as those communications are pertinent to the case. Illinois courts describe the privilege as “absolute” because it applies even if the plaintiff claims the lawyer acted with malice or used harsh language. The goal is to allow lawyers to advocate vigorously, communicate candidly with courts and clients, and develop the record without constantly looking over their shoulder for defamation suits.

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