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I've been accused of slander and libel. Do I have a right to demand evidence?
Anonymous3 views5 answers
I received a cease and desist letter from a lawyer today stating that I was being accused of slander and libel. I'm fairly certain that the "evidence" against me is actually true statements (which I reported to a public institution in order to protect its well-being), and therefore not slander or libel. However, I would like to review this evidence. Do I have a right to demand it from the lawyer?
If the "evidence" is in fact false, what can I do to prevent future accusations against me?
The letter was sent because of past statements you made. The purpose of a Cease and Desist letter is to threaten or scare you into not making any further statements; and generally does not lead to a lawsuit (although that can not be guaranteed) if you do not make any additional statements. If you reported your concerns once, it is not likley necessary for you to it again. Let the matter die a natural death, and that includes not making contact to see what the "evidence" against you is - which the attorney or party is not obligated to voluntarily give you anyway.
You cannot make anyone do anything unless you are in Court. The other side has the option to consent. In terms of accusations, if they are limited to you, there is not much you can do. If they are made public, then institute a cause of action. Call a local attorney in this regarding immediately on these issue and to respond to the letter.
A cease and desist letter is usually a precursor to a legal claim for money damages and/or injunction. If you stop the conduct hopefully the plaintiff will not prosecute you, but this is no guarantee. You can ask for information, but this may further anger the plaintiff. Truth is a defense to any action for libel and slander, but you have to be able to prove that the statement is true. Libel and slander cases can be extremely expensive to defend. You may have insurance coverage for a libel and slander claim defense through a policy of liability insurance.
You probably should contact your insurer to find out if there is insurance coverage for this type of claim to protect your interests. The best way to deter a claim is to stop publishing information about the plaintiff.
