Where an attorney advised her client in a family law case that her husband’s actions in distributing a video of the client having sex with another man might be criminal and advised the client to make a true report to the police department, the attorney was not liable for any tort.
In Pagliara v. Moses, No. M2018-02188-COA-R3-CV (Tenn. Ct. App. Feb. 20, 2020), husband and wife were married, but at some time before the marriage yet while they were dating, wife “used Ecstasy and engaged in sexual relations” with another man “and videotaped their encounter.” After husband and wife were married, the wife of the other man on the video found the video and forwarded it to husband, along with a photograph of a sexual nature. Husband received this information while he was on a business trip in California, and he proceeded to forward a part of the video as well as the photo “to close friends of him and wife.”