QUESTION

An attorney recently referred to me as a "Stripper" in an email between lawyers. This is false. Is a libel case possible?

Asked on Oct 18th, 2013 on Libel, Slander and Defamation - Nevada
More details to this question:
My boyfriend is in a child custody case. The mothers attorney referred to me as a "Stripper" in an email between attorneys. I am a trained dancer, dancing professionally, never in a strip club. This is a false, offensive comment. Wondering what actions I can take against her.
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1 ANSWER

R. Christopher Reade
The publishing of false facts is the foundation of defamation. An action for defamation requires: (1) a false and defamatory statement; (2) an unprivileged publication to a third person; (3) fault, amounting to at least negligence; and (4) actual or presumed damages. The first element is often the hardest to prove, which is that the statement was a false statement of fact. Truth is a defense to defamation. The second issue is that (except in a few limited cases) you are required to show damages, which means some loss which you have suffered as a result of these lies. If your attorney was the recipient of the email (and presumably knows the falsity of the representation) there likely are no damages.   However you may have a claim against the attorney for unprofessional conduct under the Rules of Professional Conduct.
Answered on Oct 18th, 2013 at 10:03 PM

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