Monthly Archives May 2016

Defamation Attorney San Diego Advice: Can You Fight a Defamation Lawsuit?

First things first, what is “defamation”?

Defamation is an umbrella term for a false statement of fact that causes someone harm. It is considered a “tort”––a fancy term for a personal injury. Financial, emotional, or physical harm can be the basis for damages. Defamation comes in two forms: libel and slander. The first refers to written defamation while the latter refers to spoken defamation.

But America is a free society, is it not?  Whatever happened to freedom of speech?

Yes, our Constitution recognizes our right to free speech. And as a defamation and free speech attorney, Ryan T. Darby is a strong advocate of protecting that right. Defamation laws can have the unintended consequence of silencing people, however. The threat of a frivolous lawsuit may suppress the expression of opinions and beliefs. Opinions are constitutionally protected, and the fear of a lawsuit should not discourage open discourse.

However, problems occasionally occur when opinions are presented like facts to a third party, causing harm to someone’s reputation. If you’ve been falsely or wrongfully accused of defamation, you should get an experienced lawyer like Ryan T. Darby who specializes in defamation law to get the best results.

If You’ve Been Falsely Accused, Can You Fight Back?

Defendants have the best chance if they are represented by an attorney who specializes in defamation law, like Ryan T. Darby. Here are a few defenses he would explore:

Defense #1: Innocence

Did you actually say what you’re accused of saying?

Defense #2: The Opinion Defense

Only false statements of fact are actionable. Opinions are constitutionally protected, and as a practical matter, they cannot be proven true or false. “I think” and “I believe” are good indicators of opinion. This distinction can be tricky sometimes, so it’s important to discuss this with an experienced attorney.

Defense #3: The Truth Defense

Truth is an absolute defense to defamation. If a statement can be proven and regarded as the truth, the case must be dismissed.

Defense #4: The Privilege Defense

There are two different types of privileges one can use as a defense against defamation lawsuit: absolute and qualified. Statements made in court or before a legislative body are protected under absolute privilege.

When you read through these four different ways to defend yourself from a defamation lawsuit, you will probably have some questions. Call Ryan T. Darby at 619-858-4766 to have those questions answered. If you are sure or unsure about whether you have a strong basis for fighting back a defamation lawsuit, don’t be scared to ask. There are numerous ways you can fight back, and you should start sooner than later.

Categories: Defamation.

Slander Lawyer San Diego: Quick Guide to Defending a Slander Lawsuit

Slander is a type of defamation that is spoken or heard . It has to be a statement that can be proven to be false to be considered a slander lawsuit. We cannot judge whether a statement is slanderous merely by how cruel it is.

Having a knowledgeable, specialized lawyer by your side like Ryan T. Darby increases your chances of successfully defending against a slander lawsuit. Truth is the best defense against slander. With both the truth and Ryan T. Darby on your side, you can fight back against a slander lawsuit. If your statement can be proven true, then the opposing party will not have a valid case and it must be dismissed.

Mr. Darby typically takes the following important steps:

Step 1 : Dissect the allegedly slanderous statement and determine whether it constitutes a fact or an opinion. Only facts––and not opinions––can constitute slander.

Step 2 : If it appears to be a statement of fact, then search for evidence showing that the statement is actually true, and therefore not slanderous.

Step 3 : Determine whether the statement falls under any legal privileges, such as statements made in court.

Step 4 : Consider the context of the statement to determine whether the surrounding circumstances indicate that it is either true, or a statement of opinion.

Step 5 : Investigate whether the opposing party was actually harmed by the statement. The level of harm determines the potential for damages.

Step 6 : Recommend a course of action based upon the specific facts of the case.

If you want help or are unsure if you have a good basis for defense, call the best slander lawyer in San Diego, Ryan T. Darby. Let his knowledge and experience guide you to see if you have a strong defense against a slander accusation.

Categories: Defamation.