QUESTION

What kind of lawyer I need to do a defamation of character suit

Asked on Jun 07th, 2017 on Litigation - California
More details to this question:
What kind of lawyer do I need for suing in a defamation of character case also getting a restraining order overturned which was all lies . I'm in Ca Thank you
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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I've never handled such a case, but I feel confident my partner and I could do a good job for you. We have considered and turned down many such cases. Currently, we are not accepting any cases on a contingent fee basis. These cases are very rare. You can't sue someone for expressing an opinion. If the person did not actually know it was untrue, or was not reckless in not knowing whether or not it was true, those are good defenses for celebrities, but they also can be used to defend the case as having been a legitimate opinion. If there is going to be a trial over whether or not it was true, then the speaker might hava had a reasonable basis for believing that the person's opinion was valid. And truth is a defense. You also have to prove damages. Did you lose a job, a promotion or a raise? Did someone stop doing business with you or refuse to do business with you? Did the person false you accuse you of some really despicable behavior? A lot of these cases are not pursued because of the risk that the judgment awarded migh not be enough money to make the investment of time, attention and legal fees, worthwhile. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack
Answered on Jun 08th, 2017 at 11:34 AM

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