Suing Opposing Counsel For Defamation In Georgia
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FAQ
Generally speaking, in the US, an opposing attorney does not owe you a duty that would give rise to a claim for legal malpractice. You might have some other claim against them, but not malpractice.
As such, for the most part, if an attorney is preparing or actively involved in litigation on behalf of a client, he will be considered privileged. However, if an attorney knowingly slanders a client or other attorney outside the courtroom or after a trial, he may be subject to a defamation lawsuit.
- A viable defamation claim under Georgia law consists of: (1) a false and defamatory statement concerning the plaintiff: (2) an unprivileged communication to a third party; (3) fault by the defendant amounting at least to negligence; and (4) special harm or the action ability of the statement irrespective of special ...
The answer is no unfortunately you cannot sue an opposing attorney for statements made during the course of litigation. This is known as the litigation privilege.
Finally, to qualify as a defamatory statement, the offending statement must be "unprivileged." If someone makes a false statement about you, but the statement is privileged, you can't sue that person for defamation.
The general rule is simple: Non-clients generally cannot sue lawyers who did not represent them. This standard, called the privity rule, finds its footing in the definition of legal malpractice.
Do not engage. Think of her as a course hazard more than an opponent. Aim your words, always, at the judge. Be on time, be reasonable, be flexible to the extent it will not prejudice or harm your client, and do your best to keep all interactions in writing and on the record.
In general, pursuing a defamation lawsuit may be worthwhile if: The defamatory statement(s) are demonstrably false and have caused significant harm to your reputation or career. You have strong evidence to support your claim. The potential damages are substantial enough to justify the costs and risks of litigation.
- A viable defamation claim under Georgia law consists of: (1) a false and defamatory statement concerning the plaintiff: (2) an unprivileged communication to a third party; (3) fault by the defendant amounting at least to negligence; and (4) special harm or the action ability of the statement irrespective of special ...
