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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11257
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I just discovered that my original lawyer did not assert truth

Customer Question

I just discovered that my original lawyer did not assert truth or privilege defenses in the answer to my defamation case, he reserved the right to assert affirmative defenses.

I've been pro se for 4 months and the case has gone on for 16 months, now. How do I assert the defenses or amend the answer? What is the proper pleading?
Submitted: 9 months ago.
Category: Legal
Expert:  Andrea, Esq. replied 9 months ago.

Dear Rick, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

 

I am so sorry to hear that your lawyer did not include "Truth" as one of the defenses in your defamation case because Truth is always a defense in libel, slander, and generally in all defamation of character lawsuits.

 

If your case has been going on for 16 months, you would need to file a "Motion for Leave to Amend Answer" and the Judge would have to sign an Order allowing you to amend in order to include Truth and any other Affirmative Defenses you have. If the Judge does not allow you to amend because too much time has elapsed, do not worry because you can sue your Attorney for legal malpractice and you would definitely win because what your Attorney omitted is so elementary that a first year law student would know enough to include those defenses. The fact that your Attorney "reserved the right to assert these defenses" is meaningless because a party cannot amend their pleadings whenever they want, whether they reserve the right to do so, or not. Your Attorney made a big mistake and you should not have to pay for his mistakes,

 

_____________________________________________________________________-

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11257
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 20 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

In the initial defense he denied everything.


 


Second: failure to state a claim


 


Third: I acted in good faith without malice


 


Fourth: reserved ...


 


Does the third defense qualify as truth?

Expert:  Andrea, Esq. replied 9 months ago.

Hi, Rick,

 

No, the third paragraph is not stating that Truth is a defense. One of the elements of a defamation of character action is that the "Defendant made the statements with reckless disregard for the truth. The third paragraph is negating the element of "In reckless disregard for the truth..."

 

To plead "Truth" as an Affirmative Defense, one would have to allege it as follows:

 

"As and for an Affirmative Defense, Defendant alleges that all statements made by Defendant were true and accurate.........."

 

___________________________________________________________________

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11257
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 20 other Legal Specialists are ready to help you
Customer: replied 8 months ago.

I've filed a suppliment to the answer adding truth and qualified privilege. If the judge denies the leave to suppliment, does that mean that I can't present any evidence or testimony showing the statments are true for any purpose? i.e. to prove I was not negligent; to rebut any testimony by Plaitiff claiming they are false?

Expert:  Andrea, Esq. replied 8 months ago.

Hi, Rick, Welcome back,

 

You are correct. But, although you cannot argue it directly, you can argue it indirectly. You never described or mentioned the the nature of the statements you made and for which you are being sued. So, let me give you an example,

 

Assume that D made statements to A, B, and C that P goes to bars every night, gets drunk and picks up women. P denies it and states that the statements are false and defamatory. D's attorney never put in any Affirmative Defenses in the Answer he prepared for D, so D fires his Attorney. At the trial, D brings in witnesses who frequented the same bar in which P drank and also brought in the cocktail waitresses that P would leave with at night to testify. The witnesses brought in by D can testify that they saw P drinking a bottle of vodka by himself every night and when the bar closed, P would finally leave, but could barely stand up and he would stagger out with his arm around at least one of the cocktail waitresses. The cocktail waitresses testify the same way.

 

So, D has shown that the statements he made were true through the testimony of eyewitnesses.

 

I hope that you win, but in the event that you do not, you can sue your Attorney for legal malpractice, so keep that in the back of your mind,

 

_____________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Customer: replied 8 months ago.

Sorry, somehow I missed the notification on this response.


 


So, the judge denied the suppliment to the answer on friday, and truth is off the table.


 


The comments were that P had viewed child porn of little girls 5-10 y.o. I found images in the web cache of his login on the family computer; my co-defendant also saw these images; and we reported it to the FBI; we have the FBI report. The FBI said he wasn't a big enough fish and never did anything about it.


 


He also photographed my oldest granddaughter when she was born. The photos he took of her had a view that only her gynocologist or future husband should see. The argument there is that they are just newborn photos, everyone has them. The focal point was on her pelvic area and her head was turned away. He also shifted position and refocussed on her pelvis when she closed her legs enough to block her vaginal area from view where he was standing. He is not her parent, and did not have written permission, a violation of ORC 2907.323 Illegal use of a minor in nudity-oriented material (child porn).


 


 

Expert:  Andrea, Esq. replied 8 months ago.

At the trial, both you and your co-defendant should take the stand and testify as to what you saw in the web cache of his login on the computer, the types of pictures he was taking of the baby, and then introduce the FBI report into evidence. He appears to be a threat to children and he could very well turn out to be a pedophile, so try and introduce as much of this into evidence as you can. Then when ll this is over, you should take your evidence to the local police and the Office of the District Attorney, I am sure they will be interested in seeing him off the streets,

 

_______________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Customer: replied 8 months ago.

Should we question each other, or do you mean make statements on our own case?


 


As I understand it, the only thing he can do to attempt to prove our statements false, is swear it ain't so, say he hasn't been convicted, and impeach our truthfulness. Aside from somehow impeaching us, in your opinion does he have any chance with the FBI report, the photos of our granddaughter, and our testimony?

Expert:  Andrea, Esq. replied 8 months ago.

.I am glad to continue to assist you, but I do not receive any credit for helping you or for any Answers I give you if you do not leave a rating for me,

 

ANDREA

Customer: replied 8 months ago.

I did rate you above. I had my account suspended last month for rating multiple times in one thread. It took me 2 weeks to get it reinstated. Support told me I had to put all associated questions in the same thread and could only rate once per thread. I told them they needed to tweak the system because this is a bit confusing--when to rate or not; what's associated or not; etc.

Customer: replied 8 months ago.

Hello xxxxx,


 


Thanks for getting back to me. Basically what we are suggesting is to combine any related or follow-up questions into one conversation string, not the whole case obviously but anything that's related within the case can be combined, for example anything related to response to motions can be combined and anything related to beneficiary rules can be combined.


 


You also should only rate once per conversation string.


 


We'll go ahead and turn the subscription back on, on the account and the full benefits will be restored within the next 24 hours.


 


If you have any further questions about your account feel free to reach back out to me and I'd be happy to assist you.


 


Regards,


 


Adam R.


Customer Support Coordinator

Customer: replied 8 months ago.

I would rate you if I could, but I can't aford to lose this resource at this stage of my case. So, either contact Adam R. and work something out, or please Opt out of this thread in case I need more related questions answered.


 


Thank you for your help so far.

Expert:  Andrea, Esq. replied 8 months ago.

Hi, Rick,

 

I am sorry to hear about your account. I agree that it certainly would be a lot easier on everyone, if everyone were all on the same page, but all we know is what we are told. so I apologize for any confusion.

 

Although he may not have been convicted of anything, I would be very surprised and disappointed if the FBI Report did not make the Judge think twice about the Plaintiff's character and at least question it. When a Judge is really interested in justice, the Judge will question witnesses and fill in any gaps which a party might have overlooked.

 

Each of you should take the stand separately and tesify in the narrative form. Neither of you can question the other while you are on the witness stand because it would look like you were representing each other and that would constitute practicing law without a license. I do not see how the Plaintiff can possibly prove your statements are wrong in the face of the FBI report, the web cache of his login on the computer, the photographs he took, and any other information you plan to introduce. That would be a lot of evidence for him to overcome and I do not think he can do it, but nobody can predict the future. All you can do is prepare yourself as best you can, have all your evidence neatly put together and marked as Exhibits, then hand it up to the Judge as Evidence,

 

We have a lot of customers who are acting Pro Se in their Court cases, but they realize that it would be unfair and unrealistic to expect anyone to Answer the vast number of questions they have relating to their case for twelve and one-half dollars which is the value placed by JustAnswer on their question and which is the only payment that the Expert would receive. What these customers do is open a new thread for each new question and to maintain continuity, they simply ask for the same Expert.

 

_______________________________________________________________________-

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

 

Customer: replied 8 months ago.

I was also opening new threads, and they have started to lock the questions calling them the same, which is what adam r was referring to when he said to put all motions in one thread--which you and I know is not practical.


 


I'm a premium member, so it costs me no more to rate 10 answers than one.


 


I think we can best deal with this problem if you could just ask me to open a new question, if YOU feel it isn't a follow-up. Then they might not disable my account again and you get a fair shake when you handle a question for me.

Expert:  Andrea, Esq. replied 8 months ago.

Rick, I would not want to do anyting to jeopardize your account and I certainly have no "clout" with the website. I have heard other customers make similar complaints. In fact one customer wrote to me that he had paid $X for unlimited questions, but he received an email telling him that he was jeopardizing his membership because of too many questions. This customer had a really dry sense of humor and I still enjoy his banter. He replied with an email simply asking, "Since when did 'unlimited' become a finite number ?" Needless to say, he did not receive a response. It seems like everybody, including me, is being confused without good reason. But, I hope that you are now able to understand where I'm coming from, so we can both respect each other's precarious position. I hope that my last Answer addressed your last question,

 

_____________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Customer: replied 8 months ago.

Yes, thank you.

Expert:  Andrea, Esq. replied 8 months ago.

You are Welcome, Rick, Have a nice evening,

 

 

ANDREA

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