In a matter of first impression, the Massachusetts Supreme Judicial Court recently considered whether the litigation privilege extends beyond communication to include an attorney’s actions taken during the course of legal proceedings.

The SJC considered the issue in Bassichis v. Flores, in which a group of creditors sought to hold family law attorney Michael Flores accountable for allegedly “orchestrating” a scheme during his representation of Kimberly von Thaden in a divorce from her husband, William von Thaden, according to the court’s July 1 opinion.