Silver v. Gold

Opinion

GEORGE, J.

Despite its title, the case before us does not involve the relative merits of precious metals in the commodities market, 1 but instead whether an unsuccessful attempt to disqualify an attorney from further representation of a party to a civil suit may form the basis for an independent action for abuse of process and malicious prosecution.

Attorney Lawrence Silver (in his own behalf) 2 filed a complaint for abuse of process and malicious prosecution against the defendant in an underlying civil action and the defendant’s attorneys based upon their having filed a motion to…