I have been libeled by an attorney

Remember the neighbor problems? They have mushroomed into something much more sinister. I probably shouldn't go into detail here because I haven't yet hired an attorney.

Libel usually refers to publishing or speaking in a public event to lies. Was it false statements in a complaint?

You certainly have redress in either case if you can prove purposeful misrepresentations.

PkrBum wrote:Libel usually refers to publishing or speaking in a public event to lies. Was it false statements in a complaint?

You certainly have redress in either case if you can prove purposeful misrepresentations.

It was written and distributed to a few people...and it contained lies impugning my character.

Floridatexan wrote:

PkrBum wrote:Libel usually refers to publishing or speaking in a public event to lies. Was it false statements in a complaint?

You certainly have redress in either case if you can prove purposeful misrepresentations.

It was written and distributed to a few people...and it contained lies impugning my character.  

Ah... I assume you got a copy. I hope they have enough money to collect damages. Good luck.

I do not entirely understand why a lawyer would be sending letters to your neighbors and in those letters he is making disparaging remarks. Libel requires damages. So my neighbor writes a letter to another neighbor which says Seaoat has sex with a goat in his backyard. Now, I am retired. I may not like the idea that my neighbor is telling people a lie, but how am I damaged. If I was selling the goats, and people quit buying them because of the lie, there would be measurable damages. If you are not damaged, it is difficult for a court to make an award in favor of a plaintiff. So saying Seaoat is a martian may make me angry, it may be a lie, but without damages which are measurable and not speculative the case becomes difficult.

2seaoat wrote:I do not entirely understand why a lawyer would be sending letters to your neighbors and in those letters he is making disparaging remarks.  Libel requires damages.  So my neighbor writes a letter to another neighbor which says Seaoat has sex with a goat in his backyard.  Now, I am retired.  I may not like the idea that my neighbor is telling people a lie, but how am I damaged.  If I was selling the goats, and people quit buying them because of the lie, there would be measurable damages.  If you are not damaged, it is difficult for a court to make an award in favor of a plaintiff.  So saying Seaoat is a martian may make me angry, it may be a lie, but without damages which are measurable and not speculative the case becomes difficult.

I'll send you a PM.

Floridatexan wrote:I probably shouldn't go into detail here because I haven't yet hired an attorney.  

So umm...FT, with all due respect, why ARE you bringing it up here?

RealLindaL wrote:

Floridatexan wrote:I probably shouldn't go into detail here because I haven't yet hired an attorney.  

So umm...FT, with all due respect, why ARE you bringing it up here?

I'm so tired of all this. I guess I was looking for support.

Well, you certainly have that, though it's a little harder when we have no idea what happened. Still, OK, we're behind you.

PkrBum wrote:Libel usually refers to publishing or speaking in a public event to lies. Was it false statements in a complaint?

You certainly have redress in either case if you can prove purposeful misrepresentations.

Libel refers to written words. Slander refers to spoken words.

2seaoat wrote:I do not entirely understand why a lawyer would be sending letters to your neighbors and in those letters he is making disparaging remarks.  Libel requires damages.  So my neighbor writes a letter to another neighbor which says Seaoat has sex with a goat in his backyard.  Now, I am retired.  I may not like the idea that my neighbor is telling people a lie, but how am I damaged.  If I was selling the goats, and people quit buying them because of the lie, there would be measurable damages.  If you are not damaged, it is difficult for a court to make an award in favor of a plaintiff.  So saying Seaoat is a martian may make me angry, it may be a lie, but without damages which are measurable and not speculative the case becomes difficult.

It also can't be an opinion. You are entitled to your opinion unless it is a statement of reckless conduct. Like "Seaoat is a thief. He steals." You can say "I think he's a thief. " As long as it prefaced by an opinion or inferred opinion.

Vikingwoman wrote:

2seaoat wrote:I do not entirely understand why a lawyer would be sending letters to your neighbors and in those letters he is making disparaging remarks.  Libel requires damages.  So my neighbor writes a letter to another neighbor which says Seaoat has sex with a goat in his backyard.  Now, I am retired.  I may not like the idea that my neighbor is telling people a lie, but how am I damaged.  If I was selling the goats, and people quit buying them because of the lie, there would be measurable damages.  If you are not damaged, it is difficult for a court to make an award in favor of a plaintiff.  So saying Seaoat is a martian may make me angry, it may be a lie, but without damages which are measurable and not speculative the case becomes difficult.

It also can't be an opinion. You are entitled to your opinion unless it is a statement of reckless conduct. Like "Seaoat is a thief. He steals." You can say "I think he's a thief. " As long as it prefaced by an opinion or inferred opinion.

It is addressed to me and I received it in the mail. I know that others received copies. It instructs THEM to call the police if they see me "trespass".

Was it an attorney in a firm or an attorney in private practice?

Joanimaroni wrote:Was it an attorney in a firm or an attorney in private practice?

No partners.

Floridatexan wrote:

Vikingwoman wrote:

2seaoat wrote:I do not entirely understand why a lawyer would be sending letters to your neighbors and in those letters he is making disparaging remarks.  Libel requires damages.  So my neighbor writes a letter to another neighbor which says Seaoat has sex with a goat in his backyard.  Now, I am retired.  I may not like the idea that my neighbor is telling people a lie, but how am I damaged.  If I was selling the goats, and people quit buying them because of the lie, there would be measurable damages.  If you are not damaged, it is difficult for a court to make an award in favor of a plaintiff.  So saying Seaoat is a martian may make me angry, it may be a lie, but without damages which are measurable and not speculative the case becomes difficult.

It also can't be an opinion. You are entitled to your opinion unless it is a statement of reckless conduct. Like "Seaoat is a thief. He steals." You can say "I think he's a thief. " As long as it prefaced by an opinion or inferred opinion.

It is addressed to me and I received it in the mail.  I know that others received copies.  It instructs THEM to call the police if they see me "trespass".

That's not libel or slander. Where would you get that is libel?

Vikingwoman wrote:

Floridatexan wrote:

Vikingwoman wrote:

2seaoat wrote:I do not entirely understand why a lawyer would be sending letters to your neighbors and in those letters he is making disparaging remarks.  Libel requires damages.  So my neighbor writes a letter to another neighbor which says Seaoat has sex with a goat in his backyard.  Now, I am retired.  I may not like the idea that my neighbor is telling people a lie, but how am I damaged.  If I was selling the goats, and people quit buying them because of the lie, there would be measurable damages.  If you are not damaged, it is difficult for a court to make an award in favor of a plaintiff.  So saying Seaoat is a martian may make me angry, it may be a lie, but without damages which are measurable and not speculative the case becomes difficult.

It also can't be an opinion. You are entitled to your opinion unless it is a statement of reckless conduct. Like "Seaoat is a thief. He steals." You can say "I think he's a thief. " As long as it prefaced by an opinion or inferred opinion.

It is addressed to me and I received it in the mail.  I know that others received copies.  It instructs THEM to call the police if they see me "trespass".

That's not libel or slander. Where would you get that is libel?

https://legal-dictionary.thefreedictionary.com/Libel+and+Slander

That's not libel or slander. Where would you get that is libel?

Read the thread again. Tex is using discretion in regard to what was published which was false. Your conclusions without understanding what she said earlier in the thread are without merit.

Floridatexan wrote:

Joanimaroni wrote:Was it an attorney in a firm or an attorney in private practice?

No partners.

It figures. The guy has to be a nut ball. Call a firm and get a free consultation via telephone if they can take the case.

2seaoat wrote:That's not libel or slander. Where would you get that is libel?

Read the thread again.  Tex is using discretion in regard to what was published which was false.  Your conclusions without understanding what she said earlier in the thread are without merit.

That's what she wrote. If it was more then she should have said this was partially what was said.

Joanimaroni wrote:

Floridatexan wrote:

Joanimaroni wrote:Was it an attorney in a firm or an attorney in private practice?

No partners.

It figures. The guy has to be a nut ball. Call a firm and get a free consultation via telephone if they can take the case.

Unless she has a lot of money to pay an atty. and they have a lot of money to get it's not going to go anywhere. Libel cases cost a lot. She's be better off suing in small claims where she may get up to $5000.

Vikingwoman wrote:

Joanimaroni wrote:

Floridatexan wrote:

Joanimaroni wrote:Was it an attorney in a firm or an attorney in private practice?

No partners.

It figures. The guy has to be a nut ball. Call a firm and get a free consultation via telephone if they can take the case.

Unless she has a lot of money to pay an atty. and they have a lot of money to get it's not going to go anywhere. Libel cases cost a lot. She's be better off suing in small claims where she may get up to $5000.

I said, "If they will take the case".

The damage usually needs to be quantified... but that can include stress and associated maladies.

I feel much better about this, although I haven't yet talked with an attorney. I really don't care about suing...more about calling out the behavior(s), but I need a discussion with someone more knowledgeable than I am on the subject. Thanks, everyone, for your input. Sorry to be so vague.

No worries... good luck. The best action is probably to rise above it... that leaves the person looking terrible for being so nasty.

Not sure if you could file a complaint w/ the Fl.Bar on the atty. but it would be worth checking out.