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BOCHETTO v. GIBSON

860 A.2d 67 (2004)

George BOCHETTO, Esquire and Bochetto and Lentz, P.C, Appellants, v. Kevin W. GIBSON, Esquire and Kassab, Archbold & O'Brien, Appellees.

Supreme Court of Pennsylvania.

Decided October 20, 2004.

Attorney(s) appearing for the Case

Stephen E. Skovron, Esq., G. Alexander Bochetto, Esq., Philadelphia, for George Bochetto, Esquire and Bochetto & Lentz, P.C.

Thomas D. Paradise, Esq., Robert Steven Tintner, Esq., Kevin William Gibson, Esq., Philadelphia, for Kevin Willim Gibson, Abe Reich, Esquire and Kasab Archbold & O'Brien, L.L.C.

BEFORE: CAPPY, C.J., and CASTILLE, NIGRO, SAYLOR, EAKIN and BAER, JJ.

OPINION OF THE COURT

Justice NIGRO.

At issue in this appeal is whether an attorney is absolutely immune from liability on the basis of the judicial privilege when he faxes to a reporter a complaint that he has previously filed. For the reasons that follow, we hold that the judicial privilege does not protect an attorney from liability for such conduct.

In April 1997, Pickering Hunt ("Pickering"), a Pennsylvania non-profit corporation,

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