Anti-SLAPP Statute Does Not Prevent Garden-Variety Legal Malpractice Claim from Going Forward


A law firm was unsuccessful in a recent, creative effort to use the anti-SLAPP statute to block a legal malpractice claim from proceeding.

Code of Civil Procedure section 425.16, the anti-SLAPP statute, allows a court to strike a cause of action against a person arising from any act of that person in furtherance of the persons’ right of petition or free speech under the United States Constitution or the California Constitution. The goal is to eliminate meritless or retaliatory litigation at an early stage of the proceedings. “SLAPP” stands for “strategic lawsuits against public participation.” In ruling on an anti-SLAPP motion, the threshold issue is whether the challenged action arises from protected activity under the anti-SLAPP statute.

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