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?
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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.
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