I want to know if the review I posted would be a cause of action for defamation of character-the facts are all true??

Asked over 1 year ago - San Francisco, CA

[name omitted] represented my mother's estate and my sister and I as personal representatives. She failed to notify the funeral home as a creditor, got herself paid, then stuck us with the funeral bill since my mother had no money left in her account. THen she told us "you got enough", pay the funeral bill.

Attorney answers (4)

  1. 2

    Lawyers agree

    Answered . You should not be posting the names of people in your question.
    Truth is a defense to a defamation action. However, just because what you said might be true, that does not mean that someone cannot sue. It just means that they are not likely to win.

  2. 2

    Lawyers agree

    Answered . "Truth" is a DEFENSE to a claim for defamation.

    It is typical in civil litigation that the court first considers the defenses to the claim about a year or so into the lawsuit. Until the case progresses to that point, you must appear, defend, and litigate effectively through a competent attorney. That usually costs a serious amount of money.

    It may be true that "truth is a complete defense," but it certainly is not a perfect defense, coming so late in the process for adjudication.

    It is a rare circumstance where the principle of stating your truthful lawful opinion is worth the hassle, expense and risk of even a badly-based defamation suit. But, your risk; your choice.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  3. 3

    Lawyers agree

    Answered . Truth is a complete to defamation, so don't lose sleep over it.

  4. Answered . I agree with Mr. Spirtos. Further, although truth is indeed a complete defense to defamation, you need to be careful using quotes that are likely paraphrased as you did in the question here... that might not be the "truth" and depending on how far off it is and how damaging to a character it might be, it could still be defamation.

Related Topics

Personal injury and defamation

Defamation is any type of emotional or psychological personal injury that occurs when someone intentionally harms another’s character or reputation.

Personal injury and libel

Libel is the written or visual defamation of another person’s character. False statements can damage someone’s reputation, so it is a type of personal injury.

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