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John
John, Attorney
Category: Legal
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Experience:  Licensed and practicing attorney.
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What type of recourse can be taking if a person has a Attorney

Customer Question

What type of recourse can be taking if a person has a Attorney send a letter accusing you of slander? There has not been any slander and in the letter this is being claimed by a third party with no affidavits from that person.
Submitted: 4 years ago.
Category: Legal
Expert:  John replied 4 years ago.
Hi, thanks for submitting your question today. This person would have to be able to prove: 1) that you made a statement, reported as fact, to another person; 2) that the statement was false; 3) that the statement caused damage to that person; and 4) that you were negligent in making that statement. If you defame a public figure (such as a celebrity or member of government, for example), that person will have to prove: 1) that you made a statement to another person, reported as fact; 2) that the statement was false and caused damage; and 3) that you made the statement with actual malice-that is, with knowledge that the statement was false or with reckless disregard as to whether the statement was false or not. In no circumstance can you be held liable for voicing your opinion, only for making untrue factual assertions. Damages can be anything from hurting someone's reputation in his or her trade or profession, to causing that person mental anguish and humiliation. Recovery for damages can take two basic forms: money damages, or an "injunction" (a court order). An injunction means that you could be forced to retract what you said about the person and/or you can be prevented from making any further untrue statements about the person.

You have two options at this point - 1) if you think there is any question that you said or wrote something false about a person, retract the statement in the same form and forum that you originally stated it and forward a copy of the retraction to the accuser ; or 2) let the accuser know that you did not make such a statement and demand from the accuser that he or she provide whatever evidence he or she is claiming exists to substantiate the allegation that you defamed him or her.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – select the Reply to Expert or Continue Conversation button. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, and I wish you all the best with this matter.

Expert:  John replied 4 years ago.
I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating; these allow me to continue to serve customers. Providing a positive rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. Otherwise, the website does not credit me with answering your question. Thanks.
Expert:  John replied 4 years ago.
I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating; these allow me to continue to serve customers. Providing a positive rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. Otherwise, the website does not credit me with answering your question. Thanks.

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