Thank you for your question. I will do my best to assist you with your concerns. If you would like me to clarify my answer, I will be happy to do so.

To answer your question, the likely answer for a successful suit is 'no'. Here is why, and please do not blame the proverbial messenger.

To prove Defamation you must show 4 factors:
1. a defamatory (untrue) statement
2. of or concerning the plaintiff (you)
3. communicated to third parties
4. caused damages, expressly financial damages.

Truth is the ultimate defense to defamation. Opinion is also generally a bar, meaning that if he called you 'crazy' as an adjective, as in his personal opinion, it is not likely defamatory. Similarly, there is an argument that since he accidentally emailed you but instead spoke to his own firm, that is not an outside individual so there is valid grounds to claim that no third parties were informed. Finally, it is hard to point out financial damages that stemmed directly from those statements especially if those damages did not take place yet. It is possible, but very difficult.

As for suing the prosecutor, that is not possible because such suits are barred. Otherwise whenever anyone is prosecuted for anything, that person can be sued in return, and under public policy grounds those petitions are generally limited. Please understand that I am not defending any of the parties, merely giving you a legitimate opinion as to your chances.

Good luck.

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Thank you for your follow-up.

I am sorry, truly. As someone who represents probate clients, I personally find it one of the most responsible representations as it involves the wishes of someone who cannot do it herself, but also because the risk of possible Fraud and Embezzlement is so high. It is despicable as to what you have gone through.

I misunderstood, I thought that when you stated that he called you 'crazy', it was a private correspondence. If this was public, then I do see that you may have grounds to pursue him for defamation, but the answer pertaining to the prosecutor remains--it is not his responsibility if the attorney's Testimony was found to be more persuasive. I will still caution you that winning a defamation suit is extremely difficult, and if you choose to pursue it, you would likely need an attorney AND one who is not working on contingency. Other than a negligent infliction of emotional distress claim, defamation is the hardest to successfully pursue in my experience.

Good luck.Dimitry Esquire41097.3514780093

Thank you for your follow-up and you are most welcome.

Other than a potential defamation claim, the other claim would be against the attorney directly, or possibly against his Liability Insurance, for the losses (meaning what he stole without cause). You can pursue him for breaching his fiduciary duty and then if you prevail, providing those assets to the actual beneficiaries. Most attorneys carry insurance specifically for situations such as this.

Good luck.Dimitry Esquire41097.3632056713