Litigation Privilege to Libel and Defamation Claims

The litigation privilege is an important legal doctrine in Illinois that protects attorneys and other participants in legal proceedings from being sued for statements made during the course of the litigation. This privilege extends to statements made during both civil and criminal proceedings, including statements made during discovery, motions, and other pretrial proceedings.

In the context of libel claims, the litigation privilege is particularly important because it can provide a defense against claims that statements made during litigation were defamatory. Defamation occurs when someone makes a false statement about another person that causes harm to the person’s reputation. However, statements made during litigation are often necessary for the proper functioning of the legal system, and the litigation privilege recognizes this by providing a shield against liability for such statements.

The Illinois Supreme Court has recognized the litigation privilege as an important protection for attorneys and other participants in legal proceedings. In the 1993 case, Bryson v. News America Publications, Inc., the court held that the litigation privilege applies to statements made in connection with a judicial proceeding, as long as the statements are relevant to the litigation and are made in good faith.

In order to qualify for the litigation privilege, the statements in question must be related to the underlying legal proceeding and must be made in the context of the litigation.

In conclusion, the litigation privilege is an important legal doctrine in Illinois that provides protection for attorneys and other participants in legal proceedings from being sued for statements made during the course of the litigation. This privilege can be a powerful defense against claims of libel and other forms of defamation, as long as the statements are related to the underlying legal proceedings.