Nov. 21, 2025
Think twice before suing the other side's lawyer
*Ramirez v. McCormack* confirms that suing opposing counsel for actions taken while representing their client -- including post-settlement advice -- is barred under California's anti-SLAPP statute, and failing to address both prongs of the motion can forfeit any defense.
"If you are a party in litigation, your tactic of suing opposing counsel is apt to trigger swift retaliation: an anti-SLAPP motion." So began the court of appeal in Ramirez v. McCormack (2025) 94 Cal.App.5th 1023, reversing a lower court order denying the defendant lawyer's anti-SLAPP motion. The reasoning was simple: Counsel assisting their clients in petitioning activity falls within the anti-SLAPP statutes screening provisions that prohibit lawsuits arising out of...
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