There are a number of cyclical legal issues that keep people fishing for assistance. One of those is the issue of defamation. Generally, defamation is an all-encompassing category for the torts of libel and slander. Libel is a malicious statement that is published (written, picture, or printed) to a third party. See 12 O.S. 1441. Slander is "a false and unprivileged publication" which accomplishes 1 of 5 things: 1. falsely attributes a crime to a person; 2. falsely imputes an infectious disease to a person; 3. causes a person to suffer in his/her business ventures; 4. falsely charges someone with impotence (although with Viagra and other drugs, is this really an issue? – just a side note); or 5. causes actual damages (whatever that means). See 12 O.S. 1442. Although, if you compare 12 O.S. 303, the statute states that publication or speech is sufficient to show libel or slander. The problem with defamation cases is that they're limited in their scope, and they're extremely difficult to prove. Moreover, it's fairly easy for the defamer to retract or apologize for his/her statement. See 12 O.S. 1446a. Many people attempt to assert defamation claims because they recently lost their job, or have difficulty finding new employment. Naturally, many assume that their previous employer is spreading false or misleading information about them. The fact is though, many employers have learned to skirt the line of legality when they discuss former employees. More commonly though, most employers don't seem to care about past employees, and will give honest and fair reference evaluations. That said, there are a few limited occasions when a statement rises to a sufficient level to constitute defamation. If you believe someone has written or spoken defamatory statements about you, it's important that you act quickly to get copies of those statements. This may include hiring a firm to conduct a "reference check" for you, or, you may wish to get affidavits from individuals who heard the statements. These are highly transitory actions, which means you must act quickly to protect your claim. If you're seeking an attorney to handle your case, it's important that you acquire as much information and evidence to prove your position as possible. Absolute Legal Services, LLC, handles these types of claims, but we're very particular about evidence. Before I'll represent you, I always require that you produce a typed copy of the defamatory statement, or witnesses, and affidavits, who will corroborate your claim. You can also expect that we'll perform a full background check on you, which means you better not have a "reputation", and attempt to independently verify your claim. If you believe someone is harming your reputation, act quickly to gather evidence and save important documents. If you'd like to speak with our firm regarding your potential claim, please call us at (405) 748-0318, or email firstname.lastname@example.org. Defamation, Libel, & Slander, Oh My! is a post from Absolute Legal Services, LLC. We are a law firm located in Oklahoma City, Oklahoma, that handles personal injury matters, consumer disputes, business issues, social security problems, and immigration concerns. Please visit our homepage to learn more about our firm, and contact us for legal assistance. Don't forget to subscribe to this feed in your feed reader (we recommend Google Reader). Random Posts Round 2 Pre-paid and "Canned" Documents Congratulations Sam Bradford
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