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Publications
Lawyers Beware: State High Court Ruling Expands Tort of Malicious Prosecution
In April 2004, the California Supreme Court joined the ranks of several other jurisdictions, holding that an attorney may be liable for malicious prosecution for failing to voluntarily dismiss a lawsuit once he or she realizes the case lacks merit. Previously, an attorney must have had a legally tenable basis for filing the lawsuit. Today, the Zamos v. Stroud decision requires attorneys to continuously reevaluate the viability of the case as it progresses, forcing lawyers to know exactly when and how to abandon the case and client in favor of avoiding prosecution.
This article examines the goals of the "continuation rule" adapted in Zamos, and its potential consequences for clients and attorneys alike.
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