Office of Chief Disciplinary Counsel v. Cunha

Syllabus

The petitioner appealed from the trial court's judgment concluding that the respondent attorney violated various Rules of Professional Conduct in con- nection with three grievances that had been filed against her. It claimed that the court erred in holding that the litigation privilege applied to statements that the respondent made during grievance proceedings so as to preclude further disciplinary action based on those statements. The respondent filed a cross appeal, claiming that the court's findings of misconduct were not factually or legally supported. Held: The trial court improperly determined that the respondent was immune from further disciplinary proceedings for her alleged misconduct at a grievance hearing, as, although the litigation privilege applies to statements made dur- ing grievance proceedings, the immunity afforded by the litigation privilege extends only to certain retaliatory lawsuits and does not shield an attorney who is alleged to have engaged in professional misconduct during grievance proceedings from further discipline stemming from that misconduct. The respondent's claim that the trial court's findings of misconduct were not factually and legally supported was unavailing, as the court's findings were supported by the evidence in the record. Argued December 10, 2025—officially released June 16, 2026