Colorado Supreme Court considers if lawyers’ speech can lead to liability

Colorado Politics: After Colorado’s second-highest court decided that lawyers and law firms can be held liable for making inflammatory statements when publicizing certain class action lawsuits, the state Supreme Court agreed to look at whether the new rule went too far.

On Wednesday, the justices heard about the implications of attorneys being subject to defamation lawsuits themselves for their statements to the media. On the one hand, it could discourage lawyers from making false accusations in the first place. But on the other hand, it might cause them to think twice before speaking publicly about class actions — thereby decreasing the opportunity for injured plaintiffs to learn that someone is advocating for them.

“In all class actions, outreach through the press is going to serve the useful function,” argued lawyer Brian M. Feldman, “of bringing some of them forward. That it is a legitimate tool.”

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