do we need a lawyer?

[nurs2b]

What is the name of your state (only U.S. law)? Florida
My husband posted on an open forum his opinion toward an individual that has been doing business with a friend of his. His friend asked him to remove the post, so my husband did.
Then we received a letter from the individual's attorney requesting that my husband remove the statement even though it had already been done!
My husband called the attorney several times in the past two weeks to resolve the issue. The attorney told said to my husband" he is being very cooperative and that the attorney needs to find out what else the individual is demanding. Everyday for two weeks my husband called this attorney's office to find out if there was anything else that they wanted him to do.
Anyway, two more weeks went by nothing from the attorney and nothing from the individual. Now, we received a letter from the attorney saying that they are demanding money and the cost of the lawyer.
Did we miss something? We did everything that was asked of us.

 

[quincy]

I recommend your husband speak with an attorney SOON.

Your husband should tell his attorney EXACTLY what he wrote about the individual in question (if he has a copy of the text, that would be best), let the attorney review all communications received between the individual's attorney and your husband, and relate to the attorney all of the facts of the situation, including the reason for the posting in the first place.

What is missing right now is a complaint served on your husband, informing him he is being sued for defamation. It sounds like the individual is attempting, through his attorney, to settle the matter outside of court. He wants to be compensated for the reputational injury he suffered as a result of your husband's posting online.

Even if what your husband wrote was removed from its place online within a fairly short period of time, the reputational injury that occurred when it appeared can still support a lawsuit - IF what your husband wrote was false and defamatory, or implied false and defamatory facts, can be shown to have been published with negligence, and resulted in demonstrable injury. Opinion is tricky in that it is very rarely "pure," but if what your husband wrote IS entirely opinion, the individual would not have a defamation suit he could win.

In court, if the statements your husband made are shown to be defamatory, the individual could be awarded compensatory damages for any actual losses he suffered as a result of the statements made about him (with evidence to support these losses), and if your husband's statements were ones that can be shown to have been made with ill will or hostility or with an intent to harm, punitive damages can be awarded (amount determined by a jury as a way to "punish" the defamer). If the statements your husband made were ones that accused the individual of a crime or reflected falsely and negatively on his profession (defamatory per se), then damages can be assessed without a showing of actual losses at all. Injury is presumed and it would be up to a jury to determine an amount to be awarded.

Because it is possible your husband did NOT defame this individual, it is important for your husband to see an attorney before he meets any more of this individual's demands, especially ones for money (the removing of the offensive material from online, however, was wise). Because it is possible your husband DID defame this individual, it is important for your husband to see an attorney before he is served with a complaint informing him he is being sued.

Your husband's attorney may determine that what your husband wrote was, in fact, pure opinion and protected speech. If that is the case, your husband would not be held liable for any damages, even if he were sued. But a careful review of what he wrote is vital.

 

[nurs2b]

thank you
I figured that we would need to get some legal help with the attorney. The problem is that we don't have anything that the post stated or my husband doesn't remember what exactly was said.
The other individual might have a copy of it, but their attorney hasn't said anything about that.
It was one post one an open forum and the next day it was deleted.

 

[quincy]

Your husband, or your husband's attorney, can have the individual's attorney fax or mail a copy of the posting, or perhaps your husband's friend has a copy. But do NOT meet any of the individual's demands for money or attorney costs until your own attorney can review what exactly was written by your husband.

If NO ONE has a copy of what was written online, then the individual attempting to collect money from your husband probably would not have a defamation action he could pursue in court easily, and the demand letters are the only way he figures he can collect anything at all.

But, again, it is really important for your husband's attorney to see exactly what was written, to determine if your husband would be wise to come to a settlement agreement of some sort with this individual, or whether your husband should ignore the demands and let the guy take it to court. The individual's attorney may have advised the individual already that he does not have enough to support a court suit.

Good luck.

 

[nurs2b]

thank you for your advice,