Legal Question in Personal Injury in Texas
Defamation of Character/Libel Lawsuit? Please answer ASAP
An immediate family member has filed a formal written complaint with a certain Texas certification board for my occupation claiming that I have acted in a dishonest fashion in a probate matter. The truth is I have absolutely no involvement in this probate matter, but my immediate family member IS involved in the matter. This written complaint defames my moral and ethical character to the Texas board for my occupation. The board members who reviewed this complaint consist of my peers and firms that I do business with. Do I have a case to sue for defamation of character or libel? Also, would I need to prove economic damages in the lawsuit?
3 Answers from Attorneys
Re: Defamation of Character/Libel Lawsuit? Please answer ASAP
Defamation of character is a statement that is published (meaning stated orally or in print) that in some way impugns your character and causes you damages, which yes, you do have to prove.
The best defense to a defamation action is "truth".
There is also the matter of privilege, which your issue is because the statements are made in a courtroom or a court proceeding.
www.thelonestarattorney.com, Practicing in San Francisco, CA and Austin, TX
Re: Defamation of Character/Libel Lawsuit? Please answer ASAP
Damages are presumed when it comes to defamation in your profession. Nonetheless, the members will have the opportunity to see that this is a bogus complaint and so the allegations should probably not prove too damaging to your profession. You should contact the Bar in Austin and ask some questions. I think the members probably have a duty to keep grievance matters confidential. The confidential nature of the proceedings may likewise prevent your proceeding; but I am only guessing here. The complaint, however, should not spread.
Family matters can be very emotional. Before escalating things, you should consider whether it is better to merely defend or to go on the offensive.
Re: Defamation of Character/Libel Lawsuit? Please answer ASAP
Damages are presumed when it comes to defamation in your profession. Nonetheless, the members will have the opportunity to see that this is a bogus complaint and so the allegations should probably not prove too damaging to your profession. You should contact the Bar in Austin and ask some questions. I think the members probably have a duty to keep grievance matters confidential. The confidential nature of the proceedings may likewise prevent your proceeding; but I am only guessing here. The complaint, however, should not spread.
Family matters can be very emotional. Before escalating things, you should consider whether it is better to merely defend or to go on the offensive.
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