Litigation Privilege Law and Legal Definition

Litigation privilege is a type of immunity given for certain acts and statements made in connection with the pursuit of litigation. It protects the attorneys and parties in a lawsuit from defamation claims arising from statements made in the course of the suit. Depending on the particular jurisdiction, as well as on the specific circumstances, the privilege may be qualified or absolute.

The litigation privilege may bar tort actions based on disclosure of information obtained in discovery. However, the applicability of the litigation privilege has to be determined from the relevant facts of each case.