Retired Professor
10 hours ago
Fascinating. Defamation was one of the subjects I used to teach in Law School, and as you know, the general rule is that attorneys have immunity for extra-judicial remarks made in connection with cases they are involved in, but this can be overcome by a showing of malice (in the technical Defamation sense of "reckless disregard"). But, win or lose, it is fun to see the liberals get a taste of the "lawfare" that they so love to use themselves.

metalheaddoc Retired Professor
10 hours ago
Can you explain why attorneys have immunity for extra-judicial remarks? and immunity from what specifically?

Retired Professor metalheaddoc
9 hours ago
Very good question. The immunity is from civil liability for money damages for such things as defamation of character, invasion of privacy, or intentional infliction of emotional distress. (I can assure you, if you've ever been cross-examined by a good lawyer, that'll be some of the worst "emotional distress" you'll ever suffer). What are the policy justifications for this?

First, it arises out of the free speech we all enjoy.

Second, out of the right to counsel, which of course is a Constitutional right in criminal cases, and in most states is part of your constitutional "right of access to the courts," even in civil cases (although of course the state doesn't pay for it).

Third, society has an interest in attorneys being able to zealously represent their clients, and not have attorneys being dragged into court personally because of their advocacy, which obviously would be a tactic open to a lot of abuse, as well as inviting invasion of the attorney-client privilege.

Fourth, attorneys are subject to professional discipline for false or misleading statements, so the system polices itself in that respect.

Fifth, an attorney who makes a statement that he/she knows to be false or is made with reckless disregard for truth or falsity IS subject to liability, just like any public figure would be, so it is by no means an absolute immunity.

There are other considerations, as well, but those are the most common.

Please remember that 98% of the attorneys give the other 2% of us a bad name....

stickdude90 Retired Professor
9 hours ago
Sixth, attorneys wrote the rules.

Retired Professor anon-ho3e
10 hours ago
Kinda interesting having sympathy for an IRS agent, isn't it?