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What is the average cost of hiring an attorney for internet…

What is the average cost...
What is the average cost of hiring an attorney for internet business defamation? And how long can someone expect the process to take? Someone has posted a review of my company on ripoffreport.com and yelp with 2 pages of negative comments. I have no idea who this person is and the story that she is telling is entirely false.
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Answered in 6 hours by:
12/14/2017
Lucy, Esq.
Lucy, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Because defamation is a tort, most lawyers who accept these types of cases do so on contingency. The typical contingency agreement says you'll pay 33% of the money received if they settle the case, 40-50% if you win at trial, and 50-60% if you have to appeal or have a second trial. Exact percentages vary by lawyer, but there's a good chance you'll find someone offering those percentages. You may also be required to pay expenses up front. The lawyer should give you a contract that details exactly what you're expected to pay for and exactly what triggers your obligation to pay.

The length of the process can vary based on several factors. In your case, when you subpoena user records from a website, they have 30 days to respond. Many websites won't hand it over without a fight, though, and they can drag things out. Then, you have to track down the person based on that data. Locating the person who made the comment can take a few months, at least.

Once you've found them, then you can send a "cease and desist" letter to try to get her to remove the comments without a court order. The primary reason to do that is because it's faster than going to trial. If you do wind up litigating, it can take anywhere from 6 months to a year or more.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Customer reply replied 7 months ago
Thank you for the quick and thorough response. How much time would a lawyer typically spend trying to get the company to release the author’s information. Do they just write a letter and wait to hear back or does that process end up taking 10-20 hours? I understand that there are factors involved that make it impossible to know how much work a case will require

The first step is usually to send a subpoena. The companies might insist upon getting a subpoena from the state where they are physically located before releasing anything. That would add time, especially if you had to find a lawyer in the other state to handle it for you. It depends on which states the lawyer you pick is licensed in.

It also depends on whether they respond to the subpoena with documents or make you go to court and file for contempt. Contempt could easily take 20 hours. But in these cases, where the lawyer works for a percentage of the final judgment, you wouldn't be paying per hour.

Lucy, Esq.
Lucy, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified
Lucy, Esq. and 87 other Personal Injury Law Specialists are ready to help you
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Customer reply replied 7 months ago
Thank you very much
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