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Is this considered LIBEL or SLANDER and grounds for filing a lawsuit? My ex-spouse had his lawyer write and send a letter

New York, NY |

with a court order to our child's school Principal. Firstly, the court order had no mention or relevance with the school- it had to do with "parenting time/visitation". As well, his lawyer's letter was not falsely representative of the facts. Also, the tone and language had malicious intent to make me appear in a negative light and even put the school in a situation of serious caution (as no one wants to receive a letter from a lawyer). As a result, i have not felt welcome at the school as before.

I so appreciate any feedback...

Change in the above, I meant to say it was knowingly falsely written.

Attorney Answers 4


  1. You said the letter was not falsely representing the facts. So there is no libel.

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.


  2. No one can say without the exact wording of the letter.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  3. You need to immediately consult with a family law specialist. Use the AVVO search tool to find someone in your area. I can appreciate your frustration and would also recommend that you ask your attorney about a private investigator who might be able to get you evidence to support your claims, be careful not to violate any court orders. Good Luck.

    Communication through AVVO does not constitute legal representation. Representation by this law firm can only be established through a written agreement executed by both attorney and client. In the absence of such express representation agreement, this law firm does not represent the recipient or reader and no person or party should rely upon statements, opinions or advice contained herein.


  4. No, as you state that there were no false facts.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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