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?
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
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.