Are Lawyers subject to slander laws?

[jeng1970]

What is the name of your state (only U.S. law)? IL

I have been going through a two year long divorce. My ex's lawyer contacted my daughters school to find out who a subpeona needs to be addressed to. The registrar gave him the information. He, (the lawyer), then proceeded to inform the registrar that the reason he needed the records, was because my ex was fighting for custody....the reason he was fighting for custody, was that there was just a "drug raid" at my residence, and that drugs were found on the premesis. He also told her that this was public knowledge, as it had been in all of the local newspapers.

NO such drug raid occurred, NO newspaper articles exist......

The registrar called me to inform me of the call, and how inappropriate she felt it was for a lawyer, of all people, to divulge such information. She has provided me with a letter, on school letter head, outlinging the phone conversation with his lawyer. (it is NOT notorized, as she is the only person in the school office---summer vacation)

PLEASE ADVISE!!!What is the name of your state (only U.S. law)?

 

[justalayman]

yes, lawyers are subject to defamation law. The state bar also accepts complaints about lawyers as well. They deal with ethics (and other things as well), which it would appear, this lawyer is lacking.

 

[jeng1970]

I have spent countless hours researching this online, I have found that the lawyers behavior meets all of the criteria for slander/defamation/malice----since the statements were false, stated to a third party, meant to damage my reputation, and he identified me personally in his statements.....I just havent been able to find ANYTHING on the internet, that shows me if lawyers are held to the same/lower/or higher standards than common citizens. If I can get some good advice in here, I plan to contact the states Attorneys office, the ABA, and possibly see if my divorce lawyer would consider handling a civil suit as well.

 

[Mass_Shyster]

You can sue for slander and you can file a complaint with the bar association.

As far as the bar association goes, the complaint would be for a violation of the ILLINOIS RULES OF PROFESSIONAL CONDUCT, specifically, Rule 4.1:

http://www.state.il.us/court/supremecourt/rules/art_viii/ArtVIII.htm#4.1

Rule 4.1. Truthfulness in Statements to Others

In the course of representing a client a lawyer shall not:

(a) make a statement of material fact or law to a third person which statement the lawyer knows or reasonably should know is false; or

(b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.

Since this is not a failure to disclose, (b) is not in effect, so Rule 1.6 does not figure into the complaint. Your specific complaint is that the lawyer knowingly made a false statement of material fact to a third person.

 

[jeng1970]

STEVEF----Thank you sooooooo very much!!!!!! I appreciate any and all assistance I can get on this matter!!!!