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Can I be sued for posting a comment on a lawyer review website?

East Northport, NY |

Posted a review of an attorney that I was unhappy with on the Avvo lawyer review website. That attorney then contacted a mutual friend and told him that If I don't remove my comments they will subpoena the website for proof that I wrote it and sue me for defamation of character

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Attorney answers 3

Posted

Without knowing, at a minimum, what the comments were and whether or not they are true, it is impossible to answer your question for you.

For informational purposes only and not to be relied upon as legal advice or for the formation of an attorney-client relationship.

Harry N. Konst

Harry N. Konst

Posted

Is there a way we can get the Individual to clarify his or her question? I've asked this several times, but haven't seen it occur.

Brook D Wood

Brook D Wood

Posted

Askers are able to add additional information to their questions after the initial posting. Some do after reading answers, some don't.

Harry N. Konst

Harry N. Konst

Posted

Thanks Brook.

Posted

I am an attorney licensed in New York and Connecticut. When dealing with defamation you should remember that truth is an absolute defense. IF you can prove your statements you will win. However, you can be sued for almost anything, even if it is groundless. Goodluck

We can be reached at 203-870-6700. Our web address is: www. rosenbergandpress.com. Answers on Avvo are not to be considered a response to a specific legal issue in a specific jurisdiction - they are to be considered only general responses to hypothetical scenarios posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction. No information contained herein should be construed as a solicitation for business, an offer to perform legal services in any jurisdiction in which the attorneys of Rosenberg and Press, LLC are not licensed, or the dissemination of legal advice. No creation of an attorney-client relationship should be assumed or implied. We are a debt relief agency. Rosenberg and Press helps people file for bankruptcy relief under the bankruptcy code.

Posted

First, anyone can sue anyone for anything even if it does not have merit. However, if the thrust of your question is whether you would be liable, it depends on what you posted. Defamation is a false statement of fact that is published to third parties which effects the reputation of another. So it does not apply to strictly opinions and truth is an absolute defense to a claim of defamation. If what you posted was true or an expression of your opinion, you would not likely be held liable. But, as I wrote, that does not stop someone from suing you. They just will not likely prevail (but you would still have to defend the suit or risk a default judgment being entered against you).

Harry N. Konst

Harry N. Konst

Posted

In NYS, there are sanctions for attorneys who file a lawsuit without merit.

James David Pacitti

James David Pacitti

Posted

You're right Harry - unfortunately it still does not stop meritless lawsuits from being filed:)

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