Hiring a defamation defense attorney is a smart decision. In defamation law, the plaintiff must prove a prima facie case for defamation. A statement posted on the Internet must meet this standard unless the poster intended it to be defamatory. In this case, the defendant's defense is the "substantial truth" defense outlined in the Seventh Circuit's decision in Global Relief v. New York Times. Under this defense, a statement may be technically inaccurate, but still be true in gist. The court will look at whether the statement harmed the plaintiff's reputation, rather than simply a person's opinion.
A defamation lawsuit is complex and requires the services of two attorneys. An attorney licensed in the state in which you live must review your pleadings. The local attorney must also review the lawsuit for proper compliance with state law. Regardless of the legal strategy, you will spend significant time with your lawyer. Depending on the case, the trial may last for several hours. It is important to have a good lawyer on your side to protect your reputation.
A defamation lawsuit can be intimidating, and choosing an attorney with experience is vital. While you can try to find an attorney with general litigation experience, it's always best to find a defamation defense attorney with specialized knowledge. A good defamation attorney will not waste valuable time on researching a new area of law. He'll also have the experience necessary to defend you. And in the end, a good defamation attorney will make the process go smoothly.
Defamation law is not uniform across the United States. Some states have passed anti-SLAPP laws, making defamation lawsuits more difficult. These laws allow for early dismissal of frivolous lawsuits and allow the plaintiff to recover attorneys' fees if the case is found to be frivolous. Ultimately, your defense attorney can protect your reputation in a way that ensures your right to free speech and fair compensation.
Defamation claims are most often filed against celebrities or other public figures. This type of situation is highly controversial, and the standard of proof required for a defamation claim depends on the nature of the allegedly defamatory statements. Private figures are only required to prove that the defendant did so negligently or maliciously; public figures are required to prove actual malice. A public employee is a public figure if the statement was made in the context of a public position. A public employee is defined as any person who has a nonministerial duty. A public employee must also demonstrate that the official action had a substantial impact, and may even lead to a defamation lawsuit.
Although truth is a good defense against defamation, there are some circumstances where it may be a valid defense. For example, a journalist cannot sue for a false statement, but he may sue for loss of endorsements. Consent can also be a valid defense in defamation cases. A defendant must prove that the statement was true before a court or jury. In some cases, added public scrutiny can increase the likelihood of a successful defense.