Opposing Attorney

[AmendmentE]

South Dakota.

January 18th the opposing attorney filed a motion she signed. Her Motion, second paragraph states " Defendant has at all times refused to engage in or successfully complete a parenting class." Filed September of 2000 a completion of parenting classes taken a year earlier certificate. This for a change of custody. She also orally testified to it.She keeps lying to the Court and the SD Bar does not want to hear about it. Her motion also states that I have posted the minor girls social security numbers on the internet, but she can not prove it or even what website. The Judge doesn't like me so goes along with it, even though it is on file.

Can opposing attorney lie to the court and is this slander and libel and can she be sued for libel and slander?

 

[quincy]

I see a defamation lawsuit in AmendmentE's future.

AmendmentE's original post was reported so that a link that named an attorney could be removed. The link was deleted. AmendmentE has made several postings on various websites about this attorney, accusing her of both illegal and unethical conduct.

AmendmentE, what is said in court and in court documents is absolutely privileged. No civil action can arise from statements made in a judicial proceeding, no matter how false or defamatory the statements may be. So, even if this attorney lied in court, it would not be actionable.

However, false and defamatory statements made outside court filings and court proceedings (ie, on web blogs or on forums) CAN lead to a defamation action.

A defense to such a suit would be truth (which you should be able to support with evidence) or pure opinion (that does not state or imply false facts) or fair comment and criticism (on matters of public interest or concern). I hope you have a good defense.

 

[Proserpina]

I see a defamation lawsuit in AmendmentE's future.

AmendmentE's original post has been reported so that the link that names the attorney can be removed. The post itself should return once the link is deleted. There are several similar postings that have been made on various other websites.

AmendmentE, what is said in court and in court documents is absolutely privileged. No civil action can arise from statements made in a judicial proceeding, no matter how false or defamatory the statements may be. So, even if the attorney lied in court, it would not be actionable.

However, false and defamatory statements made outside court filings and court proceedings (ie, on web blogs) CAN lead to a defamation action. A defense to such a suit would be truth or pure opinion or fair comment and criticism.

Thanks, quincy

AmendmentE's blog is very worrisome. If it were mine, I would take it down immediately. And I would spend quite some time hoping that the search engines hadn't cached it, and that the attorney in question hadn't caught wind!

 

[quincy]

From what I read on one of the websites, it appears the attorney in question is already aware of AmendmentE's postings and has asked that they be deleted.

Perhaps AE visited here to see if there was really a need to do so?

If this is the reason for your visit to FreeAdvice, AmendmentE, I can tell you that there is a need for, if not deletion of all that you have written about the attorney, then serious editing of what you have written about the attorney. Deleting or editing what you have written at this point, however, cannot undo any harm that may have already resulted from your writings, nor will it prevent a suit from being filed against you.

The First Amendment, which you say this attorney "spits on," actually does not protect all speech. It does not protect defamatory speech. If and/or when you are served with a summons and complaint, notifying you that you are being sued for defamation, I hope you are able to find an attorney in your area willing to assist you with your defense.



Edit to add: AmendmentE has a web blog. He has been involved in custody issues and he currently has supervised visits with his children. He has posted the court records pertaining to these custody and visitation issues on his blog. His web blog also contains personal information about his daughter, including some of her confidential school records. He has used his web blog as a platform to criticize his ex and the courts and, in the process, defame the attorney and the judge who have been involved in his case.

A judge has issued a Protective Order and ordered that the web blog be taken down. The web blog is still up, but a lot of what was written by AmendmentE on his blog has been deleted and/or personal information redacted.

AmendmentE has stated in his blog that the takedown of his blog would be a violation of his First Amendment rights. It should be noted that the First Amendment does not protect, and has never protected, all speech. An individual's right to privacy and an individual's right to a reputation free from unwarranted attacks against it can and often will take precedence over free expression rights. Your free speech rights, in other words, have limits, and to exceed these limits can result in legal action being taken against you.