Legal Question in Constitutional Law in Massachusetts

Re: Tort law of slander/libel/defamation/ and also the rules of professional con

Let me say at the outset that I am not a Massachusetts lawyer. The answer that follows is based on general legal principles which are followed in most American jurisdictions, but the rule in Massachusetts could be different.

For the most part, statements made by a party or his/her attorney during the course of litigation (not limited to what is actually said in a courtroom) are absolutely privileged and may not form the basis for any kind of civil suit, including defamation suits.

Rules of professional conduct vary from state to state, but they consistently require lawyers to be zealous advocates for their clients and to do essentially everything legal that they can to help their clients' interests. Since making these statements is legal, a professional rule against doing so would be contrary to the general principles of professional responsibility. The lawyer is supposed to protect his client's interests and he cannot do so effectively if he needs to worry about the consequences of offending someone else.

I question whether the kind of statement you describe really would be helpful to the client. I know I would not say anything of the sort, partly because I don't think a lawyer who takes such a despicable position can expect to remain credible in the eyes of the panel that will decide his client's fate. However, if the lawyer in the hearing believed this statement would advance his client's interests then I expect the professional rules would permit it.

Re: Tort law of slander/libel/defamation/ and also the rules of professional con

There is almost an absolure immunity in Massachusetts. this is not a constitutional law question.