Legal Definitions - litigation privilege

Definition: Litigation privilege is a legal right that protects attorneys and parties involved in a lawsuit from defamation claims arising from statements made during the course of the lawsuit. It is a type of privilege that grants legal freedom to do or not to do a given act, immunizing conduct that would otherwise subject the actor to liability.

Example: During a lawsuit, a lawyer makes a statement about the opposing party that could be considered defamatory. However, because of litigation privilege, the opposing party cannot sue the lawyer for defamation, even if the statement was made with an improper motive.

This example illustrates how litigation privilege protects attorneys and parties involved in a lawsuit from defamation claims arising from statements made during the course of the lawsuit.