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I want to file a slander/libel lawsuit against some

consultant who at a meeting...
I want to file a slander/libel lawsuit against some consultant who at a meeting with other people told me:
"More than half of your clients on your website will strongly disagree with your current statement on your qualifications and I can have it in writing."
Is that good enough to tile a lawsuit against her?
My company only shows projects, not clients. And the whole statement is a lie.
Can I also sue the company that she works for. She had an open telephone during the meeting and was receiving instructions
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Answered in 10 hours by:
3/15/2018
Attorney Wendy
Attorney Wendy, Attorney
Category: Personal Injury Law
Satisfied Customers: 475
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I am currently working on a response to your inquiry and should have that to you shortly.

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First, I am very sorry you are dealing with this situation. It is never pleasant when someone says something about you that is not true. In terms of defamation law (which includes slander and libel), defamation occurs when someone discloses something about another person that is not true. Slander is the spoken version of defamation - when the untruth is said to others; libel is the written version of defamation - when someone puts an untruth in writing that is disseminated to other persons. Here to prove slander, you would need to prove the individual said the statement, that it was untrue and that it injured or damaged you. In most states, when the statement made relates to your business/profession, you actually do not need to prove the exact damage as it is presumed that when someone's business or profession is the target of the untrue statement that is made to third parties, it does cause damage. You would need to check your state's particular standard on that issue. Another option prior to or leading up to any court fling is to send a letter asking the person to stop (cease and desist any further statements about your business) or you can ask for that in any actual lawsuit (it would be called an injunction - a court order prohibiting that conduct). In terms of including the individual's employer/company in any lawsuit, if the statement made was while she was making the statement she was "acting in her official capacity" or "within the scope of her employment" - in other words was basically doing her job or representing her business when the statement was made, you may be able to include that business in a lawsuit. There may be defenses they have, but if she was taking direction from someone at that company and/or representing herself as acting on behalf of them, the company could at least be named in any lawsuit.

I hope this is helpful. If you need additional assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is ​for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Attorney Wendy, Attorney
Category: Personal Injury Law
Satisfied Customers: 475
Experience: Member at Keefer & Keefer LLC
Verified
Attorney Wendy and 87 other Personal Injury Law Specialists are ready to help you
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Customer reply replied 1 month ago
Dear Wendy: The main purpose of my request to contact you was to get my state's (new york) particular standards on that issue.
Also, is the request for an injuction a separate document or is it written in the same lawsuit?
Gerry Sanchez, pro se

Thank you for that clarification; I did not receive your location in the request as it came through to me. In New York, all of the above are true. Defamation per se - where you do not need evidence of actual, specific damages, but where damages are presumed - does apply when false facts are stated that tend to injure you in your business trade or profession This is also knowing NY as trade disparagement.

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Customer reply replied 1 month ago
Is it legal if someone in a meeting (of 5) recorded part of the conversations without 2 of them knowing that it was done?
LegalDan
LegalDan, Law Partner
Category: Personal Injury Law
Satisfied Customers: 646
Verified
Phone call session started

Unfortunately, in New York, as long as one party to the conversation/discussion knows (even if that is the person doing the recording), it is okay to record it. I wish I had better news on that issue.

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Attorney Wendy
Attorney Wendy
Attorney Wendy, Attorney
Category: Personal Injury Law
Satisfied Customers: 475
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Experience: Member at Keefer & Keefer LLC

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