• Malicious prosecution is an intentional offense that occurs when a lawyer brings a claim that has no legal or factual basis. In order to prove a claim of malicious prosecution, the plaintiff must also show that the claim was dismissed favorably (i.e., by a decision of the defense, not by a settlement agreement). In addition, the plaintiff must prove that the claim was brought with malicious intent. Even though malicious harassment is an intentional wrongdoing, most lawyers’ professional liability policies generally cover such claims.