Suing Opposing Counsel For Defamation In Miami-Dade
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FAQ
Stat. § 768.73(1)(a) (2023).) As defamation per se inherently causes evident reputational harm, Florida law may award “presumed” damages in certain cases. These presumed damages are typically nominal, such as $1 or $100, and can be granted even if you can't prove specific economic or noneconomic losses.
It is generally not a good idea to pursue these claims pro se – i.e., without attorney representation. However, even if you intend to proceed on your own, it is important to at least consult with a defamation attorney prior to pursuing your claim.
To prevail in a defamation lawsuit or claim, you must be able to show the following in Florida courts: That someone made a false statement. That the statement was distributed, either orally or in written form. That the statement caused you to suffer an injury. That the statement was false.
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.
It is generally well-settled that a party cannot sue the laywer who represents an opposing party. In the case Hitchcock v.
Takeaway 1: It is generally not possible to sue yourself in a court of law as this would be considered a conflict of interest. Takeaway 2: The legal system typically does not allow for individuals to be both the defendant and plaintiff in the same case.
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.
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.
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.
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.
