Accepted Answer

A lawyer would collect your copies of the emails, ask you to provide a list of witnesses who may be able to testify to any defamatory acts. The lawyer would look at the documents and attempt to ascertain whether there was:

1. A false statement of fact;

2. Of and concerning the plaintiff (you);

3. Published to a third party;

4. Which is reputation injuring on its face, or if not, causes

5. Actual damages to planitff, and if so, then of what value.

From a lawyer's viewpoint, numbers 4 and 5 are critical, because unles the statement is prima facie injurious (e.g., John stole money from the cash register), then unless the plaintiff can show that he/she was actually damaged in some economic manner, then it doesn't much matter what the rest of the case is about, because there won't be any recovery for the injury sustained.

There are two other torts that go along with defamation and which are frequently pled along with a defamation claim:

False light invasion of privacy: false attributions about the character of another which would be outrageous to an ordiary person, and causing damage and;

Interference with (prospective) contract: intentional interference with the current or future contract rights of another, and causing damage.

The common thread, however is that unless the plaintiff is actually damaged, there may be nothing to recover, although if the plaintiff can prove malice or reckless disregard for truth, then punitive damages are possible.

The botXXX XXne for all of this is that while you might be able to bring these claims in small claims court and win the maximum $7,500 award, if your goal is big money, then you will need a civil tort lawyer who thinks that you have either a prima facie case, or actual damages that will permit a recovery sufficient to cover the attorney's cost of doing business, which for this sort of case, could easily run $20,000-30,000+ to get to trial.

So, for a lawyer referral, see: http://www.abanet.org/legalservices/lris/directory/main.cfm?id=CO and www.martindale.com.

And, I wish you success.

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