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ash83 (Business)     14 November 2023

Defamation statements made by the adv with malice is absolute privilege or qualified privilege

dear respected advocates, 

One Adv has made defamation statements in written statements, he knowingly wrote defamation statements on plaintiff because plaintiff with proof has proved  adv and the client he is representing (defendant) in wrong doing including the false evidence produced before court to win some other cases. 

So  defamation statements made by Adv is malice, i have a proof to prove that. 

in this situation Defamation statements made by the Adv with malice is absolute privilege or qualified privilege ?

please share any judgment references to initiate a defamation suit please ? where in it is has held that statement made is with intent to harm the reputation of plaintiff. 

client  has authorized the adv to make a statement which the client and adv both knows is untrue. 


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     15 November 2023

The advocate cannot be held liable for the written statements or the averments made therein on behalf of his client/defendant. 

Uphold interest of the client
An advocate shall do so without regard to any unpleasant consequences to himself or any other. He shall defend a person accused of a crime regardless of his personal opinion as to the guilt of the accused.

Therefore no defaation case is maintainable against the advocate for preparing the averments on the instructions of his client

1 Like

ash83 (.)     15 November 2023

I came across this article, 

Defamation and qualified privilege: how far can a lawyer go?





P. Venu (Advocate)     30 November 2023

The pleadings in the Written Statement are made by the defendant, not the advocate. The defendant has the option to seek such pleadings to be struck out.


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