Jordan D. Watson and Jared Davenport of our Chattanooga (TN) office successfully defended a fellow attorney through the Tennessee trial and appellate courts in a lawsuit arising from a property dispute. After the plaintiff added the attorney as a defendant, alleging bad-faith legal advice related to a deeded property during an ongoing divorce, Jordan and Jared moved to dismiss the claims.
They argued that the attorney simply fulfilled her professional duties by advising and advocating for her client and was therefore protected by Tennessee’s litigation privilege. The trial court agreed and dismissed the claims. Following briefing and oral argument, the Tennessee Court of Appeals affirmed the dismissal, holding that the plaintiff failed to show bad faith sufficient to overcome litigation privilege. The Tennessee Supreme Court later declined to review the case, leaving the appellate decision in place.
This important ruling reinforces the protections afforded to attorneys in Tennessee, allowing them to zealously represent their clients without fear of personal liability when acting within the scope of their legal representation.
Well done Jordan and Jared!
