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1. Where has this individual written libelous statements about you, i.e., are these statements in the pleadings in a case which is pending in Court ?
2. Does the attorney represent a client in this matter ?
No case has been filed in a court of law.
Threats of lawsuit have been sent in writing to me, along with a demand for a very large sum of money "in order to avoid filing a lawsuit"
This individual who is an attorney does not represent an individual client.
Hi, Barton, Three more questions, if you do not mind,
1. To whom has this attorney sent these libelous statements about you ?
To you ? To any other person ?
2. You stated he does not represent an individual client; does the Attorney represent a class of people, an organization, any other entity ?
3. For whom is the Attorney demanding the money to settle ? For himself ? For anybody else ?
1. Written statements to me, my attorney, pharmacists - who subsequently told my patients.
2. This individual who is an attorney is a part-timecontract attorney for the DOJ (FYI) and works in a known private law firm.
3. This individual who is an attorney is demanding $$
in lieu of lawsuit filing and has inferred this $$ is to be
paid directly to this person.
Andrea, it is very late here, and I must retire to bed. May we pick this up tomorrow sometime?
It sounds like you have a very good case for libel. Please allow me to give you the elements of a libel and defamation of character lawsuit and you can apply these to your individual case. You, as the Plaintiff must prove the 4 elements in order to succeed in this action. You must prove the following:
1. Defendant made defamatory statements in writing (libel);
2. Defendant made these defamatory statements knowing that they were false, or they were made in reckless disregard of the truth;
3. Defendant conveyed these defamatory statements to a third person, other that the Plaintiff (Here, the pharmacist, and your attorney);
4. The Plaintiff suffered damages - Here, your loss of your good name and reputation in the professional community, loss of patients, loss of income, and any other damages you suffered.
You can also include the fact that he used extortion in trying to compel you to pay him in order to prevent him from filing a frivolous lawsuit against you,
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