If an attorney's client (during its representation of the client) commits a tort against a non-client for something like gross negligence, and the attorney actually aided and abetted its client's gross negligence against the non-client, is the attorney at risk of being named as a party in a civil lawsuit for aiding and abetting, or is the attorney protected by the litigation privilege?
The privilege is pretty broad. Absent specific information in your question, my answer must be very general. The attorney can be personally liable for frivilous litigation behavior in some circumstances, in some states. See NY case of Rosenberg v. Amalfitano.
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Your question is difficult to answer without more details. Aiding and abetting is usually used in a criminal law context, whiles torts and gross negligence are usually civil law concepts. The attorney-client privilege exists in both civil and criminal cases. There are situations where a lawyer may be civilly liable to third parties (that is, non clients). If you feel comfortable providing further details, the Avvo lawyers will be able to provide a more specific answer. However, keep in mind that the lawyers answering question on Avvo will provide generally information only. If you want advice on your specific situation, you are better off consulting with a lawyer.
This answer is for general education purposes only. It does not create an attorney-client relationship nor is it intended to provide legal advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.
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