Legal Question in Wills and Trusts in California

How do I go about getting an article in the newspaper about a lawsuit against someone? I want the public to read the charges I want to file against them. I know I am right. Do I have to wait for the case to get on the court calendar? I don't want to make any mistakes and blow my case. Thank you


Asked on 9/15/11, 6:52 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

You phone up a paper and tell them to see if they are interested. But if you say anything that is false before you file the lawsuit you can be sued for defamation. You can allege false matters in the suit and repeat them in public as being what you said in the suit without being liable, but to be safe you want to restrict your comments to what is said in court or in documents or writings filed with the court.

Before you do any of that, calm down and discuss in detail the matter with someone who has a great deal of common sense and see if they think you have a valid case. When we feel wronged by someone, we sometimes over react and misunderstand the facts, what happened or why it happened. You do not want to accuse someone of something bad unless it is clear you can prove it. An attitude of wanting to explode the case in public often indicates a likelihood that you will say something damaging to your case in court or to the other side. If the other side thinks you are unstable, they probably will not offer any type of compromise. When I used to defend the City of Oakland on employee complaints against the City for punishment they had received as to not doing their work properly, my best witness often was the employee, as in testifying they would blow their own case. remember the English view as to war, it is not whether you win the battle, it is whether you win the entire war.

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Answered on 9/15/11, 8:30 pm


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