Can I Sue for Emotional Distress Due to Statements Made By the Opposing Attorney in Court?
Libel is a form of defamation that consists of making false written statements about a person which would damage that person's reputation. Some statements while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned.
One of the major hurdles in a intentional infliction of emotional distress lawsuit is proving that the defendant’s conduct was extreme or outrageous. Generally, it should be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.
The defendant's conduct must be more than malicious and intentional; and liability does not extend to mere insults, indignities, threats, annoyances, or petty oppressions. We are prohibited from giving a legal opinion, as this service provides information of a general legal nature. Generally, a person cannot sue an attorney for attacking their credibility in court.