Litigation
Feb. 3, 2006
Court's Decision on Privilege Presents Liability Landmines
Focus Column - By Frank J. Coughlin and Leslie Patko - Are demand letters, or even lawsuits, truly privileged? The answer now appears to be both yes and no. Litigators should be wary in the wake of American Products Company Inc. v. Law Offices of Geller, Stewart & Foley , 134 Cal.App.4th 1332 (2005) - a recent 4th District Court of Appeal decision that severely undermines the "litigation privilege" protections of Civil Code Section 47(b) and raises serious potential liability for lawyers.
By Frank J. Coughlin and Leslie Patko
Are demand letters, or even lawsuits, truly privileged? The answer now appears to be both yes and no. Litigators should be wary in the wake of American Products Company Inc. v....
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