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    Re: Slander Possible? from my ex's attorney?

    Posted by unmarried on 10/04/07


    An attorney has broad based immunity from liable and slander
    when presenting pleadings and otherwise conducting
    litigation. An attorney must act in good faith and not
    knowingly present false allegations (See FRCP 11 for example)
    but just because an allegation turns out to be incorrect
    does not mean it was knowingly false. It is virtually
    impossible to win a judgment on bad faith of an attorney
    presenting an allegation. Even if he accuses you of being an
    agent of Satan and having a tail and forked tongue, you
    probably can't successfully sue him. Divorce cases are
    usually messy. Its just part of the down side of marital
    bliss.

    > I am in the middle of a divorce settlement and just
    > received a reply to amended answer and counterclaims. My
    ex
    > wife was having an affair, and now her attorney has sent
    me
    > this sworn statement claiming that I commited Connivance,
    > Condonation of illicit sexual behavior and a long list of
    > indignities that are all total lies. None of what this
    > attorney said is true. Can I sue him for slander or
    > defamation of character? Or do I have to sue my ex wife? I
    > want to put an end to these lies and hit this attorney
    > where it hurts "in his pocketbook". Can attorneys send
    out
    > lies that are a sworn statement? I honestly do not believe
    > the rest of the world can, so how can he?
    >
    > Thanks,
    > Phil

    Posts on this thread, including this one
  • Slander Possible? from my ex's attorney?, 10/04/07, by Phil.
  • Re: Slander Possible? from my ex's attorney?, 10/04/07, by unmarried.


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