17.6 Defenses

• Jurisdiction: Arizona

17.6 Defenses. There are defenses to a claim of malicious prosecution/ wrongful initiation. As noted above, the existence of probable cause in the underlying action is a complete defense.

In addition, a defendant can assert an advice of counsel defense in certain circumstances.⁴³ When a defendant “makes a full and truthful disclosure to a licensed attorney of all material and relevant facts known to him and thereafter proceeds on the attorney’s advice,” the defendant has a defense to a claim of malicious prosecution.⁴⁴ It appears that this defense is stronger in cases in which a defendant is sued for malicious prosecution for improperly causing the plaintiff to be charged...