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Defendant in Defamation Lawsuit

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  • 01-28-2007, 10:02 PM
    unbelievablemess
    Defendant in Defamation Lawsuit
    We have been terrorized by a neighbor for many, many years. We are now being sued by this person for statements that were made to our (former)attorney. Some of these were used to compose a letter by our attorney to this person's landlord. It is debatable whether our lawyer had our permission to do this; however, nothing we claimed was false. Not a lot is able to be proven true - just our word against the Plantiff's. He has admitted in his depo that no financial, or contractual loss was suffered. 1) Shouldn't what we told our lawyer be protected? 2) Our lawyer took some of our documents that we had given to her and submitted them during discovery. This makes me mad. Maybe she has the right since she is also a defendant? 3) The remarks in question were made several years ago. I thought SoL was 1 year? He didn't add us to the lawsuit he had against our lawyer until 16 months after the alleged offense took place, and we were not served notice until almost 2 years after the fact. Does the SoL clock start from when his suit against our lawyer was filed, or when we were added? Thank you so much for reading.
  • 01-28-2007, 10:59 PM
    jk
    Re: Defendant in Defamation Lawsuit
    Quote:

    It is debatable whether our lawyer had our permission to do this; however, nothing we claimed was false.
    How is this debatable. Either the attorney had permission or not.

    Quote:

    Not a lot is able to be proven true - just our word against the Plantiff's.
    not good. If you canot prove the truth, how do you know it to be true?

    Quote:

    He has admitted in his depo that no financial, or contractual loss was suffered.
    although some folks will tell you it makes a diff, the fact that his reputatio has been injured is an injury in itself.

    Quote:

    1) Shouldn't what we told our lawyer be protected?
    It all depends. You don't even know if you gave permission for the attorney to send the letter on your behalf. How are you going to determine if it is protected info?

    Quote:

    2) Our lawyer took some of our documents that we had given to her and submitted them during discovery.
    presumably these were subpenoed. They may have had no choice but to submit.

    Quote:

    3) The remarks in question were made several years ago. I thought SoL was 1 year?
    Don't have any idea what state you are in. It is pertinent to the question.

    Quote:

    He didn't add us to the lawsuit he had against our lawyer until 16 months after the alleged offense took place,
    ok
    Quote:


    and we were not served notice until almost 2 years after the fact.
    seems like that is a problem. why would service have taken so long?

    Quote:

    Does the SoL clock start from when his suit against our lawyer was filed, or when we were added?
    it starts at the time of the injury
  • 01-29-2007, 06:22 AM
    unbelievablemess
    Re: Defendant in Defamation Lawsuit
    Thanks for your reply.

    We were meeting her on a totally different matter. She mentioned she could do this on our behalf, we did not tell her not to, so I guess that she had our permission.

    What I mean by not able to be proven true is that it is mostly our word against him. He called us several sick names, took pictures of our children, but no witnesses other than ourselves.

    His answers in his depo proved that there was no damage to his reputation. By the end, he stated that no friendships were lost, his landlord told him that noone was going to tell her whom to rent to, and his lease was never interrupted. When asked if this was possibly just a feeling in his own head, he responded yes.

    The documents that we provided to her were just to show her why we needed a PPO against him. Not to contribute to the letter.

    Is there any way that I can provide the state to you privately?

    I do not know why it took so long to be served after he added our names.
    The issue date on the summons is almost two years after the letter went out.
  • 01-29-2007, 06:33 AM
    aaron
    Re: Defendant in Defamation Lawsuit
    Despite the fact that policy language usually specifically excludes intentional torts, some homeowner's insurance companies will provide a defense for defamation lawsuits. If you have homeowner's coverage and have not investigated that policy, you may wish to do so.
  • 01-30-2007, 06:29 AM
    unbelievablemess
    Re: Defendant in Defamation Lawsuit
    Thanks, Aaron. I called them yesterday and am awaiting a return call today.
  • 01-30-2007, 09:10 PM
    Quaere
    Re: Defendant in Defamation Lawsuit
    Let me get this straight. You told your atty certain things about the defendant that may be harmful to his rep.

    Your atty then repeated these allegations in a letter that she sent to the defendants landlord. Did you make these allegations to anyone other than the atty?

    Does the original complaint include named defendants as well as “Doe defendants”?

    If it does, this is why the statute of limitations has not expired. Were you made aware of the suit as soon as it was filed?

    Your discussion with your atty was absolutely privileged and the claim against you should be dismissed.

    From the little you’ve told us, it sounds like your atty was sued as the publisher of the letter. The atty is trying to defend herself by saying that she only wrote what YOU told her, which makes YOU the original author of the defamation. The original author is always liable for the damage caused when others repeat the defamatory statement.

    Depending on what exactly happened, you may be able to turn the whole thing over to the attys insurance company. An atty should know how to write a letter without defaming someone.

    As for the plaintiff’s failure to prove damages, look up “defamation per se”. There are certain kinds of defamatory statements that are so serious a plaintiff is not required to prove he suffered damage to his rep. because it is presumed.

    He admitted his damages are “possibly a feeling in his own head”. The key word there is “possibly”. His admission means nothing. All he is saying is he has no clear evidence of damage to his reputation. As I said, in some cases, he doesn’t need evidence.
  • 01-31-2007, 07:01 AM
    unbelievablemess
    Re: Defendant in Defamation Lawsuit
    Quote:

    Quoting Quaere
    View Post
    Let me get this straight. You told your atty certain things about the defendant that may be harmful to his rep.

    **We told atty about specific instances of his harrassment. Taking pics of children, yelling obscenities, pulling a gun on people... all which happened directly to us and the people present at this meeting. There are actually 3 other neighbors involved, all added at the same time as us. All have same story as us.

    Your atty then repeated these allegations in a letter that she sent to the defendants landlord. Did you make these allegations to anyone other than the atty? **No/Yes? Most or all was included in a request for PPOs, which lead us to retain a lawyer. Plantiff had requested a motion for them to be put aside. We sought help from atty. In depo Plantiff states that he is not aware that anyone else (other than Landlord's attorney) received the letter. His Landlord told him that, in response to this letter, "Noone tells me who I can rent to!" and further stated he was never asked to leave or not renew his lease...

    Does the original complaint include named defendants as well as “Doe defendants”? **No, original only includes our former Lawyer. Our Summons is dated approx. 21 months after letter to Landlord was sent. Date on court sticker for case against former lawyer is one year plus almost one month after date of letter.

    If it does, this is why the statute of limitations has not expired. Were you made aware of the suit as soon as it was filed? ** Against former lawyer, yes. Her lawyer contacted us to be possible witnesses.

    Your discussion with your atty was absolutely privileged and the claim against you should be dismissed.

    From the little you’ve told us, it sounds like your atty was sued as the publisher of the letter. The atty is trying to defend herself by saying that she only wrote what YOU told her, which makes YOU the original author of the defamation. The original author is always liable for the damage caused when others repeat the defamatory statement.

    Depending on what exactly happened, you may be able to turn the whole thing over to the attys insurance company. An atty should know how to write a letter without defaming someone.

    As for the plaintiff’s failure to prove damages, look up “defamation per se”. There are certain kinds of defamatory statements that are so serious a plaintiff is not required to prove he suffered damage to his rep. because it is presumed. **I will look that up - thanks.

    He admitted his damages are “possibly a feeling in his own head”. The key word there is “possibly”. His admission means nothing. All he is saying is he has no clear evidence of damage to his reputation. As I said, in some cases, he doesn’t need evidence.

    **Thank you so much for your time. Your reply to my (this) response would be greatly appreciated.
  • 01-31-2007, 07:06 PM
    Quaere
    Re: Defendant in Defamation Lawsuit
    Why is it that I can’t use the multi quote feature OR cut and paste from a post? Anyone???

    Dear Mess:

    The plaintiff does not have to be aware that anyone besides the landlord and his atty have heard about the allegations. If a defamatory statement is communicated to ONE third party that is not privileged, the plaintiff has been harmed. It is assumed that a person who has no legal obligation to keep the info to himself, will repeat it to others, who will repeat it to others, etc.

    It does not matter what the landlord’s reaction to the info was. It’s not about whether the letter in question led to the plaintiff being evicted. It’s about how the plaintiff is going to be affected for the rest of his life by whatever negative accusations were made about him.

    It sounds like there is a two-year SOL in your state. That’s unusual. Where are you?

    I still think, if the letter is the only defamation the plaintiff is complaining of, your lawyer is the ONLY ONE responsible. You would be protected by privilege AS LONG AS you did nothing to abuse the privilege.

    You abused privilege if you knowingly misrepresented the facts to your atty. If you abused privilege, you can’t use that as a defense and you WILL be liable for the results of your deceit.

    When the plaintiff added the new defendants to the suit, did he state that he was adding you because of things you said to people OTHER THAN your atty? If so, that is a completely different matter.
  • 01-31-2007, 08:33 PM
    unbelievablemess
    Re: Defendant in Defamation Lawsuit
    Quote:

    Quoting Quaere
    View Post
    Dear Mess:

    It’s about how the plaintiff is going to be affected for the rest of his life by whatever negative accusations were made about him.

    In his own depo he provided nothing to support his original claims of harm. No financial loss, no harm to his job; no harm to the relationship with his landlord nor friends. He did mention loss of sleep for which he said he sought no medical attention nor purchased even OTC meds for. I have given specific instances, most with exact dates, that support every allegation in this letter (for whatever that's worth). He is asking for a minimum of $25K per Plantiff.


    I still think, if the letter is the only defamation the plaintiff is complaining of, your lawyer is the ONLY ONE responsible. You would be protected by privilege AS LONG AS you did nothing to abuse the privilege.

    Any advice on how to word/include this in my Evaluation Summary (due by Friday)?

    You abused privilege if you knowingly misrepresented the facts to your atty. If you abused privilege, you can’t use that as a defense and you WILL be liable for the results of your deceit.

    We absolutely DID NOT. You would not believe what this monster has put us through! I have not mentioned in this thread many of the serious things he has done to us since they have nothing to do with the letter, nor do I want to say too much... It is so unjust that he continues to get away with it all and put us through this hell. Lawyers just see it as another "neighbor dispute," but it is so much more than that.

    When the plaintiff added the new defendants to the suit, did he state that he was adding you because of things you said to people OTHER THAN your atty? If so, that is a completely different matter.

    No. He just stated that he was harmed in ways that he later backstepped on during his depo. The lawyer's atty states that there is no merit, and there should be no award greater than $1K eack. I am furious about this. If there is no merit, he has in his own words negated any harm he initially claimed, and we have several documented examples of our claims, why would the mediation panel be inclined to suggest an award? Is this typical? This is not his first lawsuit against neighbors!

    I want to include a lot of specific examples of his harrassment in my Evaluation Summary, but am afraid they will see it as more defamation? I welcome your opinion.

    Thank you for your time!
  • 02-01-2007, 01:54 AM
    Quaere
    Re: Defendant in Defamation Lawsuit
    The statute of limitations in your state (as disclosed via PM) is one year. Either you misread the date the complaint was filed or something is very wrong.

    If the case is in mediation, I can’t give you any further info. Your State has a very unusual mediation system that I am not familiar with.

    Good luck!
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