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Is it libel if an opposing party attorney makes negative remarks about you via email..to your atty

Raleigh, NC |

Opposing council made very derogitory comments about me in an email to my attorney.

Attorney Answers 5


  1. No, it is privileged communications and it is often done by attorneys on the opposite sides. They sometimes lower themselves. Just consider the source.

    My name is Stephen R. Cohen and have practiced 39+ yrs. I can be reached at 213-819-1171. I practicein Los Angeles and Orange County, CA. I give only appointments over the phone., these services do not create an attorney client relationship. My answers may offend as I do not believe in pulling punches or sugar coating the truth, I use common sense as well as the law. Other state's laws may differ and I would appreciate it if you feel like marking my answers helpful or best. There are a lot of really good attorneys on this site, I will do limited appearances which are court documents , less expensive.


  2. I agree with the prior answer. You need to keep your focus on the litigation at hand and avoid getting sidetracked with these kinds of issues, which are in some part probably revealing the frustration that the other side is feeling. If you let this get you worked up, how are you going to handle testifying in court? Again, trust in your lawyer to advocate for you and handle the legal issues...keep you eye on the prize and as they say, "never let them see you sweat."

    It is impossible to give specific answers to questions without meeting and fully discussing all of the potential issues that may not be addressed by your question. The answer(s) provided should be considered general information and are not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. The answer provided is intended to educate you and point to issues for you to raise in a consultation with a lawyer. You should not take any action that might affect your claim(s) without first seeking the professional opinion of a licensed attorney.


  3. No.

    I am licensed to practice law only in North Carolina. My answer provides only general information. Do not rely on this answer as specific legal advice for your particular situation. This answer does not form an attorney-client relationship. You should consult with an attorney to fully discuss your situation and to obtain advise about your legal rights and obligations.


  4. Defamation (libel) must cause you damage in order to be legally actionable. These remarks, offensive as they may be, did not cause you damage. Your attorney did not buy into these statements, or change his/her opinion of you. Let it go and stay on task.

    Litigation is a bloodsport -- something the "can I sue?" folks here on this site haven't figured out for the most part. Litigation proceeds can be the hardest money you will ever earn. I have been plaintiff, defendant, and advocate at various times, and I am convinced that digging ditches in a downpour is easier work than being a plaintiff in pitched litigation.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

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