If opposing counsel each time in civil court makes claims how bad a person I am, by telling complete lies, can I file against him? I don't respond to it, trusting judge sees it as nonsense. What if he files defamatory statements? Attorney sometimes filed pure personal attacks that were lies, claiming he believes them to be true. They have no bearing on the case itself, unless it proves my civil lawsuit for defamation....
Statements and documents filed in court are protected by litigation privilege.
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No. Attorneys are protected during litigation by the "Litigation Privilege." This permits free speech during trial and related proceedings, without worrying about defamation actions.
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Even if the litigation privilege did not apply (and it does apply) suing anyone, much less a lawyer, for defamation is way beyond a pro per project. One needs to be calm and present admissible evidence to controvert the allegations.
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No. BTW, keeping silent may be a huge mistake in your trial process. Judge MAY assume quite differently from what you think. Too late now, but you never stood any real chance handling the case on your own when facing a lawyer, even if you had justice on your side.
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No, you cannot. You should speak up if the allegations arent true. The judge may take your silence as an admission.
No. Statements made in Court are subject to absolute judicial privilege. Courts, however, control litigants with civil or criminal sanctions, if warranted and appropriate.
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