Querner v. Rindfuss

OPINION

HARDBERGER, Chief Justice.

This case pits the privilege afforded attorneys in litigation against claims of fraud, breach of fiduciary duty and other assorted acts of wrongdoing. We find that many communications and acts of an attorney are protected by the litigation privilege, but not everything. The privilege is broad, but not absolute. We are sensitive to the need and reasons for an attorney to have a broad litigation privilege defense to enable the attorney to vigorously represent his or her client. However, we reject the argument that public policy requires an absolute privilege for…