You are being sued, most likely, because the plaintiff/attorney believes that you defamed him. If you actually have evidence to support what you wrote in your review, as you stated in your question, then you'll probably be in good shape because truth is a defense to a claim of libel (written defamation).
Whether or not you have a meritorious defense to the claim, you should find an experienced attorney to represent you in this matter.
The foregoing does not establish an attorney client relationship with Attorney Stephen D. Gregg. The information given in Attorney Stephen D. Gregg's answer is not legal advice and is only given for educational purposes.
You are being sued because the attorney wants you to stop. Sometimes the best defense is a good offense. Hire an attorney who knows this area of law and stop going this all alone. At least seek some counsel on how to proceed. Me thinks you say too much and that it does not help you in the long run.
The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505
If you are actually sued over an Avvo review --as distinct from a saber-rattling demand letter -- you should contact Avvo customer service and make sure the site knows about that suit. Don't hold back on specifics (copy of the complaint, etc.) That will be a signifiant event for all attorneys who participate on this site and it will be important for both the attorney participants and the public users to know whether Avvo.com takes any position in support of its users.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an 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 individual consultation and execution of a written agreement for legal services.
Normally libel suits are covered by homeowner's insurance policies. I hope you notified your carrier of the claim. If not do so!
In answer to your question, the lawyer has sued you because he didn't like your review. He probably thinks that what you said was untrue, any probably thinks you damaged him.
I suggest that you aggressively defend this case by hiring another lawyer. However, the defense may be expensive.
This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me firstname.lastname@example.org, or visit my website http://www.millerlawoffices.us
If you have homeowners or renters insurance, notify your carrier about the suit and provide them with all of the suit papers and ask them to defend you. Many such insurance policies provide coverage for defamation defense.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. 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 timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
I believe there is a case that you cannot be sued for defamation for filing a grievance but you will need your attorney to confirm that fact. Of course, the attorney may be suing you for allegedly publishing falsehoods about the attorney in another forum as well.
If this information has been helpful, please check the thumbs up tab below. Disclaimer: The above is intended to give you some insight into various legal topics. This information is not intended as legal advice, but rather an attempt to provide helpful topical information. Please consult a lawyer as to the specific circumstances of your case. Again, this is not to be considered legal advice nor does an attorney-client relationship exist. If there are more facts that you overlooked and did not include in your initial question and you would like to email me, you may send an email to email@example.com. Steven M. Fahlgren Attorney, Arbitrator and Certified Circuit Civil Mediator Law Offices of Steven M. Fahlgren, P.A. Phone: (904) 845-2255 Phone: (407) 852-1711 www.ForTheConsumer.com www.FahlgrenLaw.com www.SteveFahlgren.com
I have to echo the comments made by Attorneys Stein, Gregg, Miller, and Lundee, which is: Find an attorney to defend yourself! If a lawsuit has been filed against you, you are legally obligated to respond to that Complaint in Court. If you represent yourself, you will be at a huge disadvantage.
Also, as Attorneys Miller and Lundeen said, review your homeowner's insurance and see if it will pay for your defense. Defending defamation lawsuits can be very expensive. However, sometimes, when you're faced with a potential high judgment against you, it's a necessary expense.
Good luck to you!
To schedule a consultation, call my office at 407-965-5519. I am licensed to practice in Florida only. My answer does not create an attorney-client relationship, nor does it constitute legal advice. Proper legal advice can only be given after learning all circumstances and conducting a comprehensive examination, including being able to ask questions, and cannot be given just from reading one question on an Q&A board such as this.
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