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INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
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Experience:  Licensed attorney helping individuals and businesses
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LAWYER SENDS LETTER THREATENING SUIT THAT CONTAINS FALSE DEFAMATORY

Resolved Question:

LAWYER SENDS LETTER THREATENING SUIT THAT CONTAINS FALSE DEFAMATORY ASSERTIONS, NOT PREFACED BY "IN MY OPINION", OR "MY CLIENT'S CLAIMS INCLUDE" OR OTHER SIMILAR IMMUNIZING PREFACE, AND THEN "CC" PUBLISHED IT TO A NON LITIGANT, NON PRIVILEGED 3RD PERSON; IS THE LAWYER SUBJECT TO LIABILITY, OR IS THERE ANOTHER "IMMUNITY" LURKING OUT THERE?
Submitted: 3 years ago.
Category: Legal
Expert:  INFOLAWYER replied 3 years ago.

INFOLAWYER :

Hello, I am legal expert at Justanswer and I will be helping you with your question today.

INFOLAWYER :

You raise a good point

INFOLAWYER :

If there are legal proceedings, defamation does not apply to claims made in the lawsuit

INFOLAWYER :

but absent a lawsuit the lawyer cannot slander you to someone else

INFOLAWYER :

I hope the answer was fast and clear.

If you need clarification, please ask me.

Otherwise, when ready, please click ACCEPT, It's the only way I get credit for your answer.

Customer :

That is my impression; This letter was a "sue you" threat letter, false premises ie you had to do X,Y,Z under law, and you colluded to not do them!

INFOLAWYER :

It should have been sent to you alone

INFOLAWYER :

and not to anyone else

INFOLAWYER :

If the information therein is false, there is basis for a claim

INFOLAWYER :

albeit not an easy one

INFOLAWYER :

if the claim is generally true or a court finds it is part of legal proceedings

INFOLAWYER :

or akin to a subpoena

INFOLAWYER :

where the information is shared with non parties

Customer :

That too! I was amazed that he "cc" a third! I have always seen wise lawyers preface everything with "the claims and contentions are;, and in my opinion...

INFOLAWYER :

I agree

INFOLAWYER :

sounds like careless writing and practice

INFOLAWYER :

but I would caution the lawyer with a letter or by phone

INFOLAWYER :

rather than sue

INFOLAWYER :

given costs involved

Customer :

No this is all preface and prologue to suit; I'll sue you if you do not remove a structure etc.

Customer :

Any specific references you have in mind? thanks

INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 50617
Experience: Licensed attorney helping individuals and businesses
INFOLAWYER and 14 other Legal Specialists are ready to help you
Expert:  INFOLAWYER replied 3 years ago.
I think a responsive letter wold be reasonable warning against defamatory comments to others.

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