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  1. #1

    Default 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.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Defendant in Defamation Lawsuit

    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.

    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?

    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.

    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?

    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.

    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.

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

    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?

    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

  3. #3

    Default 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.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default 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.

  5. #5

    Default Re: Defendant in Defamation Lawsuit

    Thanks, Aaron. I called them yesterday and am awaiting a return call today.

  6. #6
    Join Date
    Jul 2006
    Posts
    22

    Default 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.

  7. #7

    Default 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.

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