The New Jersey common law “litigation privilege” (LP) bars claims based on any communication (1) made in judicial or quasi-judicial proceedings; (2) by litigants or other participants authorized by law; (3) to achieve the objects of the litigation; and (4) that have some connection or logical relation to the action.

Statements by attorneys, parties and their representatives made in the course of a judicial or quasi-judicial proceeding are absolutely privileged. While the LP protects attorneys from civil liability for defamation, fraud and a wide range of tort-related and statutory claims, attorneys remain subject to disciplinary sanctions under the court rules.

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