June 21, 2011

Sue For Defamation of Character and Risk Making Matters Worse?

Defamation of character update:

"Sue for defamation of character" is a common request by clients seeking representation for false and defamatory Internet content, a post, a comment or web site. But filing a defamation or libel lawsuit is more often the last step, rather than the first. Anit-SLAPP laws provide for attorney fees against the Plaintiff if the defamation of character claim does not meet minimum requirements. The Internet can turn against you quickly multiplying one defamatory statement into dozens of publications. Suing for defamation is something you may HAVE to do.  But solving the problem without a lawsuit is almost always preferable.

An experienced Defamation / Libel attorney knows that the first step is to assess the claims, get the facts and provide advice to the client on how to proceed.  "Can I sue for defamation of character?" is the first question you should ask your lawyer.  The second step is often a request to the web site host, author of the libelous statement or web site owner, to remove the content. Often times, the web site Terms of Service (TOS) prohibit defamatory statements and the operator of the site will be willing to remove the content upon proposer request, complete with documentation establishing that the statements are false or that the author is not who they say they are.

Before you demand your lawyer to sue for defamation of character, make sure you and your lawyer fully understand the facts and the law. Don't let emotions get the best of you.  Make an informed business decision based on solid legal advice.

COMMENTS

Sometimes you have no choice but to sue for online defamation of character. Libel and slander can hurt your business, especially a small business which is trying to make its mark on the internet. One bad search result on Google can cause a small company out of business. But before you sue for defamation of character, you need to make sure to get your attorney all the facts. If defamation is occurring on the internet, you need an internet lawyer who understands how to remove content from various types of websites. Think with your head and do not let emotions get the best of you. A smart decision to sue for internet defamation is based on a detailed analysis of many issues.

If you need to learn how to find out who defamed your name on the internet, feel free to search this site. Figuring out who posted a comment or review can be challenging.

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