A New Jersey state appeals court has cleared a law firm of malicious civil prosecution in a decision that champions the right of lawyers to advocate zealously even when they know a claim is baseless. The court found that lawyers cannot be liable for malicious prosecution unless they are acting for an illegitimate purpose of their own. And the fact that a client has an illegitimate purpose does not automatically mean the lawyer does too.
August 06, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A New Jersey state appeals court cleared a law firm of malicious civil prosecution on Wednesday in a decision that champions the right of lawyers to advocate zealously even when they know a claim is baseless.
Giordano, Halleran & Ciesla represented a beach club owner in a failed defamation suit against a neighbor. The neighbor, having won, countersued the club owner and the Middletown, N.J., firm, alleging the first suit had no purpose but to stifle her free speech rights maliciously.
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