Civil Litigation
Oct. 21, 2015
Legal malpractice should be subject to anti-SLAPP
Putting aside arguments about the anti-SLAPP statute's flaws, it is simply true that by its terms, it should apply to a case against an attorney who is sued by his client for litigating a matter -- and what would be so bad about that?
Timothy D. Reuben
Founder and President of Reuben Raucher & Blum and the Founder of Reuben Mediation
Email: treuben@rrbattorneys.com
Timothy D. Reuben is a mediator, litigator and author who focuses on resolving complex civil disputes in state and federal courts, as well as in arbitration and mediation. He is also the author of "Tequila, a Story of Success, Love & Violence," a legal novel inspired by real world legal practice that explores power, loyalty and the human dynamics that drive conflict.
It is a rare but delightful thing to see an experienced, knowledgeable and highly respected appellate justice say about a line of appellate anti-SLAPP authority: " I do not agree those cases refusing to apply Section 425.16 to 'garden variety malpractice actions' were properly decided." Yet that is just what Justice Dennis Perluss, presiding justice of Division 7 of the 2nd District Court of Appeal, wrote in his well-reasoned dissent in Sprengel v. Zbylut, 2015 DJDAR 11364 (Oct. 1...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In