The Privilege For False Privilege - 1597 Words

1. Does the absolute privilege for statements made in judicial proceedings protect defamatory statements made in letters to a judge submitted into evidence at a criminal trial? 2. Does the qualified privilege to publish to someone who shares a common interest or in defense of the interest of others apply when a party in a criminal matter solicited individuals to submit letters to a judge attesting to the party’s character? II. Brief Answers 1. Likely yes. Because the statements were related to judicial proceedings, and there was an opportunity to challenge the veracity of the statements, any defamatory statements contained therein are likely protected by the absolute privilege for statements made in judicial proceedings. 2. Perhaps. It†¦show more content†¦Peck, 43 Md. App. 168, 173 (1979). This doctrine has a fascinating history beginning on June 13, 1888, when the Court of Appeals decided three cases involving this privilege on the same day. One case involved statements made by an attorney in the course of judicial proceedings, Maulsby v. Reifsnider, 69 Md. 143 (1888), another involved statements by a witness providing testimony, Hunckel v. Voneiff, 69 Md. 179 (1888), and the final involved statements made by party-litigants in a case, Bartlett v. Christhilf, 69 Md. 219 (1888). The theme that emerged from these three cases is that when a witness is providing testimony to the court, that witness should be answerable only to the court, and not to third parties, for untrue statements by means of the power find someone guilty of perjury. Under these three cases, then, it would appear that the privilege would only apply to statements made under the penalty of perjury. As such—under this 1888 rule—the doctrine would not likely apply because the letters submitt ed to the court would not likely be punishable by perjury. In Kennedy v. Cannon, 229 Md. 92, 96 (1962), however, the Court of Appeals extended the 1888 rule to apply to a witness in any â€Å"pleadings, affidavits, depositions, andShow MoreRelatedLaw Firms Face Technological Minefield For Preserve Legal Professional Privilege : True Or False?1314 Words   |  6 PagesLaw Firms Face Technological Minefield to Preserve Legal Professional Privilege – True or False? True. But not entirely, as legal practice managers can turn the answer around. Let me explain, and then you can make up your own mind. Electronic communications could pose a risk – true Lawyers and their clients communicate frequently. In this world of advanced technology, these communications no longer take place just through good old letters or via a simple phone call. They now take place largelyRead MoreLibel: Gregory V. 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