New Jersey's Supreme Court will review a case that could decide whether a lawyer is liable for furthering a client's illegitimate purpose in pursuing litigation. The resolution will have implications for lawyers involved in what a court may deem a strategic lawsuit against public participation, or SLAPP suit, which can invite counterclaims for malicious use of process. The case also raises the question of what a client must show to rely on the advice-of-counsel defense where a claim is found to be baseless.
N.J. Supreme Court to Take Up Issue of Lawyer's Liability for Client's Baseless Claim
New Jersey Law Journal
January 31, 2008