The bar complaint enjoys an absolute privilege in most states, but only so long as it is kept confidential by the grievant. Florida's rule is fairly typical:
Quote:
[W]e hold that an individual who files a complaint against an attorney and makes no public announcement of the complaint, thereby allowing the grievance procedure to run its natural course, is afforded absolute immunity from a defamation action by the complained-against attorney. However, if, after filing a complaint, the complainant comments publicly or outside the grievance process, then the afforded immunity ceases to exist.
Tobin v. Jarboe, 710 So.2d 975 (Fla. 1998)
In some other states the privilege is qualified rather than absolute -- a malicious and false grievance filing is not immune from suit for defamation. California follows the absolute immunity model, such that even defamatory reports to the State Bar are privileged.
See, e.g., Rosenthal v. Vogt, 229 Cal. App. 3d 69, 73 (1991) (absolute privilege applies to complaints, communications and proceedings, and bars all torts except malicious prosecution).
IMHO, this looks like malicious prosecution of a bar complaint.
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