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Slander Per Se? Unethical conduct of a lawyer?
Anonymous2 views2 answers
My ex had his car vandalized. He went to the police, filed a report saying I had done it and I had committed other crimes against him in the past. He isn't saying he simply suspects me of the crimes - he said he KNOWS it is me and that I have done things like this in the past. Both of these statements are lies. We have known each other since 7th grade, so he knows my history. Also, I was out of the state when the vandalism occurred which I can prove. I found out about this when his friend, a lawyer who lives in another state, called me and said my name had come up in the police investigation of the crime and I should confess. Are my ex's actions Slander Per Se? Are the lawyers actions unethical? I have confirmed with police that there was, in fact, no investigation & I was not a suspect.
Filing a false police report is abuse of process, and you'll likely need to file a report yourself. I don't see how your friend the attorney is involved, other than the fact that the filer of the report likely told him/her of their report.
First off, a little background. Slander is the speaking of false words/statements which injure the reputation of another. Libel is the publication of false written words/statements which injure the reputation of another. Defamation is any communication (both spoken or written) of false words/statements which injure the reputation of another. Defamation may be criminal as well as civil. A false report to police may very well constitute criminal conduct, which it sounds like you have already reported to the authorities. The conduct as described may also constitute civil defamation, assuming your reputation has been damaged.
The question of whether the lawyer's conduct is unethical depends on what the lawyer knew. If the lawyer knew that what he was telling you on the phone was untrue, I would think the conduct unethical. Otherwise, I'm not convinced there has been an ethical violation, but I would question his motivation.
