Let’s talk about what happens if someone files a counter-lawsuit against you, such as one for defamation. That is one of the many cases in which, already having an attorney really pays off. Let’s not forget, having a personal injury attorney in fort worth pays off even better.
Addressing the elephant in the room, let’s first establish that being sued for defamation is a highly likely event. When you are in the middle of a legal battle, it almost always comes with a high risk of being filed counter-charges against the claimant.
Defamation
Defamation seems to be a pretty common word that most of us have heard at some point. Most of the readers likely know exactly what defamation is, but for those who aren’t exactly clear on the meaning; here is a brief and easy explanation.
Say someone was filing a lawsuit for medical malpractice against a well-renowned hospital. Regardless of whether that person was being truthful or not, the hospital could counter-sue the claimant for dragging the reputation of their institution through the mud. Even if the claimant were to win the malpractice case, the hospital could submit a plea to reopen the case and frame the claimant for defamation of that particular hospital.
Libel
Similarly, a Libel case is one someone builds up a false case against a multimillion-dollar empire just to get a huge payday out of it. Now, in cases of defamation, the case against the institution may be a hundred percent true, it’s just that the institution walked away with bad publicity from it. On the other hand, in Libel’s cases, there is either an intention to harm the reputation of an institution or grab a huge paycheck out of the company’s legal assets.
Therefore, libel cases are technically much more serious than defamation cases. In Libel cases, there is a written or recorded statement, blaming a company, an enterprise, or an institution for misconduct or malpractice. Making the former much more harmless than the latter.
Protecting Reputation and Rights
If you have a legal representative, it would be pretty easy for them to protect your reputation and rights by working their way around the system, granted that you are innocent.
At the same time, it is just as important to keep in mind that the defendant or the other party is just as well within their right to protect the reputation of their company or institution.
This goes without saying but, to protect their rights, one first needs to know what they are. For instance, the right to information, meaning full disclosure, protection of personal and intellectual property, etc.
The second step inevitably would be to get legal help, i.e., contact your attorney. Not to mention evidence preservation and responsible communication; which would be the back and forth with legal authorities. Obviously, your lawyer would be able to help you build and prepare for your case in this scenario.
That said, if you are the business getting wrongly sued, you can take a couple of steps to preserve your reputation. With a solid strategy to handle PR disasters, right after you figure out the legal aspects of your case and how to handle them. Of course, get legal help first and foremost. Prepare to do as much damage control as soon as you possibly can, because speed will be of the essence. As well as proof. Rock hard, verifiable evidence that your company is incapable of causing any intentional harm to any person or property damage of any sort.
With a profitable business, you will quickly make enemies you did not even see coming. Therefore, hiring and keeping an attorney or some sort of law firm contact on board would help you quickly and easily get rid of these PR nightmares at the same speed as they are thrown at you. Trust us, hire a legal consultant now.
Always, always have some sort of negotiation strategy ready just in case your company ever unintentionally ends up being found responsible for any kind of harm to an innocent bystander or damage to their property in any way. It would most definitely pay off to have a trained mediary ready for intervention if the need ever arose for it. Just to be on the safe side of things.
At the same time, keep a check and balance on your enterprise’s social media activity. Continuously and infallibly monitor your digital footprint. This is to ensure that any wrongful or problematic content is immediately identified and taken down. For the sake of your company’s reputation.
That said, if you do become a well-recognized figure, please keep in mind that the rules differ for public figures and common people. These rules would vary on a lot of different levels, the laws vary based on the popularity of the parties involved et cetera.
With these rules in mind, remember it is always better to be safe than sorry. As it is better to consult for legal advice than not.
Barry Lachey is a Professional Editor at Zobuz. Previously He has also worked for Moxly Sports and Network Resources “Joe Joe.” He is a graduate of the Kings College at the University of Thames Valley London. You can reach Barry via email or by phone.
