Please Help...

[Athismercy]

Hi All,

I hope I'm posting in the right forum. I'm in the middle of a bitter divorce/custody dispute. I have been involved in a relationship that began after my ex and I broke up. Needless to say, there is much hostility on my ex's part. In July 2001 he called up my friend and threatened his life should he ever come to New York. My friend didn't pursue the threat because he was afraid that it would hurt my children.

Well, here is my problem. I just received a letter from my attorney that was written to him by my ex's attorney. It's short, so I'll quote exactly what was said:

"Yesterday my client called to inform me that he had received a threatening phone call from a man at his residence. In essence, the man on the phone threatened my client by saying he would be very sorry in the near future if he did not "drop" the custody proceedings. I trust that you will speak to your client regarding this matter and put an end to any further threats or contact to my client."


Is it me, or was I accused of being an accessory to a crime. I don't see the word "if" anywhere in this letter. I had nothing to do with the call, and I don't know of anyone who would be so stupid as to make a call like this, yet, my lawyer is being advised to speak with me in order to put an end to any further threats.

I wouldn't be so upset if this letter was general correspondence between my attorney and my ex's. What upsets me is that there was a law guardian appointed by the court who was carbon copied on this issue.

Is this considered defamation of character? Does my ex's lawyer have any right to accuse me of playing a part in this so-called threatening phone call? The above quote is verbatim. My main concern is what this letter could insinuate to the law gaurdian. I'm terrified of losing my children. Any help would be appreciated.

Thank you...

 

[Humble Warrior]

You obviously have an attorney in this matter.....I'm going to go out on a limb here,and say you really might want to consider contacting HIM/HER.
Color me crazy.

 

[Athismercy]

Dear Humble,

Thanks a lot for the response. I do have a lawyer and of course I asked his opinion. I didn't agree with what he said, so I figured I would look into things a little.

I needed help, not sarcasm. Thanks!

 

[JETX]

Okay, lets give this one a shot... and I am sure you won't like my answer anymore than you liked your attorney's.

Q1) "Is this considered defamation of character?"
A1) No. From your excerpt of the letter, it doesn't appear to name you as the culprit, and only says that your 'ex' "had received a threatening phone call from a man at his residence". And since I assume YOU are not a man, the statement cannot be applied to you. The remainder of the letter only asks your attorney to make sure that this doesn't continue.

Q2) "Does my ex's lawyer have any right to accuse me of playing a part in this so-called threatening phone call?"
A2) From your post, he didn't accuse YOU of anything. He only said that his client had received a threatening phone call.

Suggestion: Assure your attorney and the guardian that you had nothing to do with any threatening phone call(s) to your 'ex'. Case closed!!