Jeremy Rosen: Does Anti-SLAPP Law Apply To Legal Malpractice Claims?

Board Member Jeremy Rosen co-authored an article on Law360 about California's anti-SLAPP law and legal malpractice. They write:

California’s anti-SLAPP law provides “an efficient procedural mechanism to obtain an early and inexpensive dismissal of nonmeritorious claims ‘arising from any act’ of a defendant ‘in furtherance of the person’s right of petition or free speech under the United States or California Constitution in connection with a public issue.’” (Brenton v. Metabolife International Inc. (2004) 116 Cal.App.4th 679, 684.) But this law “is a complex statute” that has “spawned a ‘plethora of appellate litigation.’” (Burke, Anti-SLAPP Litigation (The Rutter Group 2016) § 2.1, p. 2-5.)

Among the issues that have generated the most litigation is whether the anti-SLAPP statute applies to claims alleging legal malpractice or similar breaches of an attorney’s legal or ethical obligations.