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Pennsylvania court restricts lawyer dealings with the press.

Publication: Trial
Publication Date: 01-JAN-05
Format: Online
Delivery: Immediate Online Access

Article Excerpt
Judicial privilege does not protect an attorney who gives publicly available court documents to the media, the Pennsylvania Supreme Court has ruled. (Bochetto v. Gibson, No. 47 EAP 2003, 2004 WL 2358289 (Pa. Oct. 20, 2004).) The court found that attorney Kevin Gibson was not immune from liability for allegedly false and defamatory comments contained in a legal malpractice complaint that he sent to a reporter.

Gibson, of Media, Pennsylvania, said the case is likely to have "an absolute chilling effect" on what lawyers decide to share with the press. "Lawyers will now be very circumspect," he said.

Gibson was hired by Picketing Hunt, a nonprofit fox-hunting organization, to bring a legal malpractice claim against George Bochetto and his Philadelphia firm, Bochetto & Lentz. Bochetto had defended the organization in two real...

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