Q: Can I send a cease and desist letter for defamation/ libel?

A: When it comes to the coach's claim, the key question is whether you actually infringed on any trademark or copyright by contacting the other client. If you don't remember agreeing to any specific terms that would prohibit this kind of communication, the claim may lack legal weight. For a valid claim, there must be clear evidence that you violated a specific legal agreement or protected intellectual property. Since you received the letter late, it would be wise to respond promptly and ask for specific evidence of the infringement.

Regarding a cease and desist letter for defamation or libel, you would need to establish that the coach's threatened email to his list is false, damaging to your reputation, and made with malicious intent or negligence. If he spreads false information that affects your business or reputation, you could argue for defamation. However, truth is a defense against defamation claims, so you would need to be prepared to show that his statements are not only false but harmful.

It's advisable to carefully document everything and consider consulting with a legal professional to explore your options and to craft a strong response. A cease and desist letter could be a practical step to prevent him from sending damaging communications, but it's important to have a solid basis for your claim. Taking proactive steps now can help protect your reputation and address any potential legal issues.

A: Your inquiry to the client who had been identified by the coach was perfectly reasonable and defensible, so the threat of retaliation was bluster. The threat to cause you harm is "actionable", that is, you could sue for it to get an injunction and possible money damages. So, challenging the threatening attorney back with a cease-and-desist letter from your own counsel would be a reasonable first step.