The litigation privilege protects parties and their lawyers from liability for statements they make not only at trial, but at all stages of litigation and in other quasi-judicial proceedings as well. Specifically, the privilege extends to any communication: (1) made in judicial and quasi-judicial proceedings; (2) by litigants or other participants authorized by law; (3) to achieve the objects of litigation; and (4) that have some connection or logical relation to the action. Hawkins v. Harris , 141 N.J. 207 (1995).
Settlement Discussions and Conferences
In Dello Russo v. Nagel , 358 N.J. Super. 254 (App. Div. 2003), the attorney made a statement during the settlement conference that if the doctor did not settle for $3 million, the attorney would go public, contact the media, call a press conference and place an ad in the newspapers. The doctor refused. The court, relying on Erickson v. Marsh & McLennan , 117 N.J. Super. 539 (1990), held that the statements made by the attorney were covered by the litigation privilege. In Dello Russo , the Appellate Division held that the privilege was applicable to statements made during settlement discussions and to statements made during the course of pretrial settlement discussions.
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