In fact, we have had firsthand experience with this issue and know exactly how you feel – and how to make the defamation stop. But there are a few steps in the process of evaluating your potential defamation case.
The first step is determining whether the information posted online about you as a lawyer qualifies as defamation. You can read more about the requirements for defamation here.
Next, once we determine that the information qualifies as defamation, we consider whether it also qualifies as defamation per se. Most commonly defamation per se is a statement about a lawyer that falsely accuses the lawyer of professional incompetence and in some cases, falsely accuses the lawyer of fraud or running a scam. In these sorts of cases, damages are presumed, which makes it an attractive case to pursue for the lawyer being defamed.
Third, we ask our lawyer clients to determine whether they know the identity of the defamatory poster, or whether it’s an anonymous defamatory post. If it’s anonymous, but qualifies as defamation, then our next step may be to file a defamation lawsuit and issue a subpoena to the content platform to try and obtain the identity of the poster. It’s not guaranteed that the identity will be learned through this process, but it’s a must before we can advance your defamation claims.
A disappointed client took to social media to post false and damaging statements about you specifically as an attorney, or an adverse party posted false statements about your firm. What can you do? Start by collecting your evidence and then contacting an experienced defamation attorney. Make sure you capture screenshots that are complete, clear, and timely. You should also screenshot the entire conversation if the defamatory post is on Facebook or in a Facebook Group. We’re seeing more and more social media defamation against lawyers, specifically on Facebook, and its impact can be severe when these Facebook Groups have hundreds or thousands of members. After we evaluate the situation, a solution may be as simple as sending a demand letter to have the content removed or may be as complicated as litigation. A defamation attorney can go over all your options and help you choose the best fit for your situation.
Someone posted a one-star review about your firm on Google or Yelp! Now, your search engine ranking and reputation is suffering. However, the poster either wrote false and defamatory statements within their review or the poster was never even a client in the first place and is just posing as one in order to sabotage your business. What can you do? How much does it cost to remove a Yelp review? Again, there are a myriad of options you can pursue, but every situation is different. Remember, truthful but hurtful reviews are generally not actionable. However, there may be other claims that can be asserted other than defamation. For example, in some jurisdictions, like in Arizona, false light is a valid claim for such reviews. Our defamation attorneys have handled hundreds of defamation cases and have experience with attorney clients specifically. We can help you choose the best legal option that caters to your unique situation.
Someone wrote an unfavorable piece of content about you or your firm. This is a growing problem that we are seeing in our internet law practice. We see this commonly where lawyers who are competitors publish articles or so-called news blogs that target other lawyers who are successful and getting attention. In an effort to grab internet traffic from these lawyers, other lawyers write new articles or blog posts or videos mentioning lawyers and are publishing false information within the content. There are false and damaging statements within the article, and it is affecting the search engine ranking of your website, the reputation of your firm and the likelihood that potential clients will convert. Take action as soon as you can and before it’s too late! Contact an experienced defamation lawyer before the defamation Statute of Limitations run out. Learn what the defamation Statute of Limitations are for your state by clicking here.
Are you a lawyer that is wrongfully being sued for defamation? The First Amendment protects truthful statements that are non-defamatory. There may be other defenses that apply, including qualified privilege or public interest defenses. We’ve dealt with these issues and know how to help lawyers defend against defamation claims too.
As an attorney dealing with defamation either as the plaintiff or the defendant, it’s easy to feel like you can take matters into your own hands. However, just like a brain surgeon wouldn’t do work on their own heart, an attorney shouldn’t always rely on their own individual expertise, especially when their reputation is on the line. Seek counsel from a defamation lawyer who has had more experience in the world of defamation law. We understand you. We’ve been in your shoes. And we can help. Get in touch today.
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