Q: Can I file suit for defamation or slander/libel against the attorney who called me "lazy" in my divorce proceedings?
The judge warned that "lazy" was not a reason for divorce. Additionally, I have been disabled by chronic illness since childhood. This was known to my ex-husband, who had accompanied my parents to 2 major surgeries I had while we were engaged.
I've realized through therapy that the attorney's statement had a much more profound impact than I originally thought. Despite being entitled to SSDI, I chose to work part-time and then full-time. I had 3 major surgeries in the space of 1 year exactly (plus COVID!), and returned to work early for each, despite complications from the first 2 of this set of surgeries. As a result of the stress on my body and mind, my epilepsy relapsed in addition to mental health issues. After recent discussions with my (new) spouse, and therapy, I realized the only reason I was working hard so that nobody would ever be able to think for a moment that I was "lazy."
If the atty said this On the Record during proceedings (state of MI), am I able to sue?
A: In Michigan, the ability to file a defamation or slander/libel lawsuit against an attorney who called you "lazy" during your divorce proceedings may be limited by legal privileges related to statements made within the context of litigation. Statements made within legal proceedings could be protected by privileges like attorney-client privilege or absolute judicial privilege. Additionally, defamation claims typically require proving that the statement was false, damaging, and made with malice or reckless disregard for the truth.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
