Also known as: good-faith efforts to protect a legal interest · self-help · justification · privilege
Written by attorneys · grounded in primary & secondary sources — see below
A privilege shielding a defendant from tort liability for interference when the defendant's conduct consists of lawful actions taken in good faith to safeguard the defendant's own legal rights. The privilege covers both formal legal proceedings and private steps reasonably calculated to vindicate those rights. It applies only when the defendant honestly believes the legal interest exists and acts within its bounds.
After producing documents in litigation, Legacy Motors realizes one email contains attorney work product. It promptly notifies opposing counsel of the claim, demands return or sequestration of the material, and moves for a protective order. Because Legacy Motors acted lawfully and in good faith to protect its recognized legal interest in the privilege, it avoids tort liability for any resulting interference with the opposing party's litigation strategy.
During a criminal investigation, Layla Lane refuses to testify against her husband about a confidential conversation they had during their marriage. The court upholds her invocation of the marital communications privilege. Layla's lawful and good-faith effort to protect the recognized legal interest in spousal confidentiality shields her from any tort claim arising from the refusal to disclose.
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After leaving public employment, Leonard Lowe screens himself from a matter involving confidential government information he acquired while in office and declines to represent a private client adverse to the government. His lawful and good-faith steps to protect the legal interest in preserving governmental confidentiality prevent tort liability for any resulting interference with the client's expectations.
After a lease terminates, Lakeshore Industries learns its former tenant is holding over. Instead of using self-help, the company files a speedy judicial action for possession as permitted by controlling law. Its lawful and good-faith choice to protect its legal interest in recovering the premises through the courts avoids tort liability for any interference with the tenant's continued occupancy.
After granting Lars Lindstrom permission to enter her land for a limited purpose, Lucy Liu revokes consent upon learning he exceeded the scope. Lars promptly leaves. His lawful and good-faith compliance with the revocation protects his legal interest in avoiding trespass liability and prevents any tort claim based on the initial entry.
In response to a subpoena, Lance Lee asserts the marital communications privilege to withhold a letter his spouse wrote during their marriage. The court sustains the privilege. Lance's lawful and good-faith effort to protect the recognized legal interest in confidentiality shields him from tort liability for any interference with the government's investigative goals.
The privilege covers both formal legal proceedings such as lawsuits and private measures taken to protect recognized legal rights. The defendant must honestly believe the legal interest exists and act within its bounds.
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No. The privilege protects good-faith efforts even if uncertainty exists about how a court might ultimately rule on the underlying right.
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Only if the self-help measure is itself lawful under controlling law. The privilege applies solely to lawful actions taken in good faith to protect a recognized legal interest.
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…early in pregnancy and those performed later, and it limits to a single reason, "saving the life of the mother," the legal justification for the procedure. The statute, therefore, cannot survive the constitutional attack made upon it here. This conclusion makes it unnecessary for us to consider the additional challenge to…