Practically, any claim in defamation involves two fundamental rights: freedom of speech (expression) and dignity, good name, reputation – whatever the word you choose. First is mostly valuable for the society at large, while the second is dearer individually. A good defamation lawyer might be needed at first, to understand if your personal outrage and irritation is enough to go against someone’s freedom of expression.
Defamation lawyer will help to assess the facts from the legal point of view
Practice shows that we often have a tendency to overestimate our own rights and underestimate those of another. Particularly, we have a tendency to mix our subjective indignation with objective gravity of an offence. Here is where a defamation lawyer’s help is needed to properly assess if there is a real chance to convince the Court that somebody abused their constitutional right for free speech and if the magnitude of offence would warrant judicial intervention.
Next step where an experienced defamation lawyer would be of service is to evaluate available evidence to prove your allegations. Unfortunately, it is not uncommon when a person suffered from a defamatory statement (on Facebook, for example) cannot bring anything better than “I know for sure it was her”. And the problem does not end there. Counterintuitively, stress and suffering should also be proven. Swearing before the judge that “it was painful to a point one can’t imagine” is not enough. Where one person suffers, another would only shrug it off and walk away. Usually, the Court asks for some objective kind of an evidence, like an expert opinion.
No less important to prove that the abovementioned stress and suffering was directly caused by the defamatory statement.
If you are in defence
If you are the one under attack for an allegedly committed act of defamation, a good defamation lawyer’s help becomes even more topical. Contrary to what one might think, proving that “it was the truth” or that you sincerely believed in what you were saying, is not enough for a successful defence. You’d have to show that there was a valid public interest in spreading the information, and to what extent.
Balancing exercise
Of course, hiring a defamation lawyer adds to your expenses. And if the amount in question in your Court case is significantly lower than what you’d spend on a lawyer, it might be not so practical to get a full legal representation. Yet, a consultation would be still worth it.
Finally, in defamation cases it is not only money, but one’s reputation is in question: of the person defamed and of the person accused of defamation. If reputation is more important for you than some particular amount of money, then getting yourself a lawyer is a no-brainer. Allen Madelin Lawyers provide consultations and representation in defamation cases. In need, please contact us by phone: 1 514 904 4017 or by email: [email protected].
