Legal Question in Civil Litigation in New York

Opposing Att'y Slandered me (Pro Se) -- What Redress do I have?

I am a pro se litigant.

The opposing side's attorney has moved to deny me an extension of time, and in his motion papers he has made untrue, slanderous statements about me, EITHER INTENTIONALLY or by a RECKLESS DISREGARD for the untruth of his statements about me.

These slanderous remarks have damaged me by resulting in the court's denial of my request for an extension.

What are my alternatives for redress here?

Can I get this attorney removed from this case and can I ask the court to censure him? Can I ask for damages?


Asked on 4/23/08, 12:15 am

1 Answer from Attorneys
Marshall Isaacs Marshall R. Isaacs, Attorney At Law

Re: Opposing Att'y Slandered me (Pro Se) -- What Redress do I have?

I hear this type of complaint constantly from pro se litigants. Unfortunately, statements made by attorneys during the course of litigation are protected by an absolute privilege. The policy for this is to protect attorneys from constant defamation suits.

While I'm sure there are exceptions, I have never in my fifteen years seen a pro se handle a case properly. Representing yourself in a law suit is not much different from performing surgery on yourself. My suggestion is this: If your case is worth any real value, get an attorney.

Hope this helps.

Read more
Answered on 4/23/08, 1:17 am


Related Questions & Answers

More General Civil Litigation questions and answers in New York