Tuesday, May 21, 2013

CT Supreme Court Upholds Litigation Privilege

In one of the more disturbing opinions to be released from the Connecticut Supreme Court in recent years, the matter of Simms v. Seaman, 308 Conn. 523 (2013) has far-reaching implications, both for litigants as well as for the attorneys who practice in Connecticut courtrooms.

Argued on Sept. 19, 2012 by New Haven Attorney John Williams, the decision for SC 18839 was officially published on May 21, 2013. For several years, Mr. Robert A. Simms challenged whether or not attorney's should be protected by 'absolute immunity' (e.g. the litigation privilege) in instances of fraud or misconduct or if they can be held liable for damages in a suit brought forth by an adverse party.

It appears that Justice Palmer is the lone voice of reason (and ethics) on the Connecticut Supreme Court, authoring a dissenting opinion that actually requires honesty. Imagine that!