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How should I proceed fighting a defamation per se accusation?

Medina, OH |

I currently run a blog concerning the builder of my home (http://mistakablypremier.wordpress.com). I was recently sent a letter via FedEx from my builder's atty threatening to pursue legal action if I did not take down the site based on claims that my posts constitute defamation per se. Should I look for an attorney of my own, or is this something I can fight myself? If an attorney is needed, any recommendations?

Attorney Answers 5


  1. Defamation claims are notoriously difficult to prove. That being said, I would not handle the matter yourself. The old adage goes "an attorney who represents himself has a fool for a client." This holds true for non-attorneys as well. You are at an incredible disadvantage as a non-attorney if the home builder is represented by an attorney and decides to file suit.

    You can search attorneys here on avvo. If you can find an attorney who specialize in defamation, that would be great; however, you are most likely going to just want to look for attorneys who specialize in general civil litigation. Since it is a home building, possible someone who also has knowledge of construction law.

    If you want to discuss anything further, feel free to contact me.

    Andrew A. Esposito
    www.westervillelaw.com

    Mr. Esposito is a Ohio-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Andrew Esposito does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.


  2. At least consult with an attorney. I have colleagues who handle cases like this. Give me a call anytime.

    www.ashleyjoneslaw.com (216) 209-3639 If you like this answer, please like Ashley Jones Law on facebook


  3. Defamation is hard to prove. Nevertheless, without an attorney, you can be seriously disadvantaged. Depending on the amount of money Demanded in the lawsuit, will probably determine whether or not an attorney is financial efficient. If you are sued, immediately seek a consult to discuss, at the least. Additionally, your homeowners insurance MAY provide coverage. A review of the policy would be the only way to tell for sure. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


  4. Have a local defamation lawyer review it.


  5. Talk with an attorney. I'd be happy to review your case. I deal with these situations daily.

    www.defamationremovallaw.com

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