QUESTION
When an Attorney implies or states that you are mentally ill or calls you abusive names what is your recourse?
Asked on Mar 30th, 2013 on Personal Injury - Ohio
7 ANSWERS
That depends on the facts and circumstances. I need more information. Truth is an absolute defense in a defamation case. But, if the attorney said untrue things which caused you pain, embarrassment, humiliation, suffering, lost reputation, lost job, etc. you may have a good case.
Answered on Apr 04th, 2013 at 11:57 PM
Ronald A. Steinberg
Your lawyer? Get another lawyer. He/she is stupid. Complain to the attorney grievance commission. The other guy's lawyer? Complain to the attorney grievance commission.
Answered on Apr 03rd, 2013 at 10:36 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It depends on the context. If the attorney is your attorney, get another one if you do not like it. If it is in a social gathering and you get into a tiff with someone who happens to be an attorney and he calls you names, it is no different than anyone else calling you names, normally, you just have to accept it (sticks and stones may break my bones, but words can never hurt me). If the attorney makes these statements about you in legal proceedings, it could be an ethical violation that you could report to the Office of Disciplinary Counsel.
Answered on Apr 02nd, 2013 at 12:31 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Depends. Truth is an absolute defense to any such thing. Also if he is in the course of litigation with you he is immune.
Answered on Apr 01st, 2013 at 9:00 PM
Christian Joseph Menard
It all depends on whether or not you are mentally ill and/or abusive. There must be some reason why it was said or implied.
Answered on Apr 01st, 2013 at 8:34 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Suck it up, or get some psychiatric help.
Answered on Apr 01st, 2013 at 8:25 PM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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It all depends on whether you are the client. An attorney has a duty to act professionally and should not use abusive language and if you feel that the attorney is being abusive and he is your attorney you should fire him. If he is not your attorney and you have an attorney, check with him before you do anything. Otherwise you can talk to your local bar association and ask to speak to bar counsel to advise you of your rights and whether any action can be taken against the attorney to stop his unprofessional conduct.
Answered on Apr 01st, 2013 at 8:24 PM