Re: Defamation of Character/Libel

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Dear Margaret,

…Say if he was making the defamation statement in a printed or
fixed medium. What options to you have? Accusing him for
Libel… To you have additional elements that the statement was
made with actual malice. If the alleging statement is true,
what benefit are you going too received?
My Personal opinions is this, a defamation action may not be a
good idea. Because, defamation cases tend to be difficult to
win and the damage awards tend to be small. As a result, it is
unusual for lawyer to be willing to take the defamation case
(s) on a contingent fee basis, because the cost to defend the
case might exceed the reward.

Thanks

On 1/09/07, Myself wrote:
> On 12/29/06, Margaret wrote:
>> In the course of asking my ex to pay his bills and
>> refinance the mortgage on the house note, as ordered by
> the
>> court he has told his attorney to inform the courts that I
>> am unstable and should not see the children and has since
>> prevented me from seeing them. A state investigation was
>> ordered and it was determined that the children are just
>> fine with me and there were no issues of concern at all.
>> However, since that investigation he has had a drinking
>> buddy of his, who is a social worker, write that I am
>> unstable and an imminent threat even though, he never
>> interviewed me or saw me except for one moment that when
> on
>> one of they "weekends away from kids" the buddy
>> waved "hello" from the car. when my ex dropped them off.
>> Aside from the fact that I never saw this person
>> professionally, or met him face to face, or talked with
> him
>> at all under any circumstances .. the fact that the LCSW
> is
>> a bar buddy of my ex's and the girlfriend puts in a severe
>> conflict of interest. At my attorney's recommendation
> and
>> to satisfy the courts and counter the assertions made in
>> the written statement of the social worker beer buddy, I
>> saw a court approved psychiatrist, who examined myself.
>> Additionally, the forensic psychiatrist would examine the
>> children to determine what needs to be done to heal the
>> relationship damage that has been caused by all of this
>> baloney. Needless to say the psychiatrist completely
>> countered the LCSWs allegations and 'letter'. that he
> wrote
>> that up for the courts. My question is this: Am I
>> entitled to sue the LCSW for defamation of character and
>> libel .. based on the statement which was used as
> testimony
>> against me, since he never once interviewed me or talked
>> with me at all an since he had a pre-existing personal
>> relationship with parties involved and there exists direct
>> evidence to the contrary?
>
>
> Ok then, what is defamation of character then? Anybody have
> any ideas on this?