Slander

[bkmorse]

What is the name of your state?What is the name of your state? Michigan

Last december at a court hearing to have my brother supervised as executor of my mothers estate, his lawyer(my brothers) stated to the judge that I had a police report that was filed for running my brothers wife off the road. I never ran anyone off the road and no report was ever filed ,I had my license ran throught the state police computer,the city police computer, and the sheriffs dept. computer and nothing. I have been accused of a criminal act by a lawyer what can I do?

 

[stephenk]

Nothing.

What did the judge say or do when the attorney made the accusation?

 

[bkmorse]

slander

The judge asked if he had that report with him he stated "no your honor I don't have that with me, but there is one on file".

 

[stephenk]

And you denied the claim, right? If that was all, then you have no claim.

 

[bkmorse]

reply

Yes I denied this, but before this statement was made the lawyer stated I had made threats to his clients, that I have created horrible problems, and that I was a threat to his client personal saftey. Why isn't the lawyer held at greater standards in court? He directly lied to the judge and accused me of a criminal act. Isnt slander spoken intentional lies. He had malicious intent to harm my character with the judge. Are you saying that lawyer are above the law??

 

[I AM ALWAYS LIABLE]

My response:

No, we're not saying the lawyer is "above the law". We are saying, however, that the attorney is "within the law" when he makes statements in court that are, at least, slightly related to the issues before the judge.

You see, your criminal history, whether true or false, is related to the issues of your ability to supervise your brother in the Estate matter.

The attorney, therefore, has "qualified immunity" (protection) to say whatever he wants in court - - whether it's true or false, or if it hurts your feelings - - without fear of legal reprisal.

As long as he can say he's basing his statements on "information and belief"; e.g., he may not have official reports, but he is making the statements based upon what the family has told him, then he has a right to say those things, and is immune from any liability or damages for libel or slander from you as a result.

The purpose of the "immunity" is to keep people free from fear of testifying about "their" truth, or making statements that actually turn out to be slanderous or libelous. It's the only way a judge can have people "lay all the cards on the table", and it's for the judge to sort through the fact and fiction.

IAAL