Legal Question in Entertainment Law in California
Defamation of character, libel
I have heard recently that a book was being written by some old acquaintances,
and they plan to gossip and lie about me and my friends. We would like to put
an end to this before it gets published, but we can't afford to hire lawyers. Is
there a letter we can send like a cease and desist request which can make them
stop writing about us?
1 Answer from Attorneys
Re: Defamation of character, libel
I am always skeptical of people who claim they "can't afford a lawyer." Usually the people have not made any serious inquiries as to exactly how much the legal work would cost.
This is especially true in your case, where all you might need is a letter on attorney letterhead. Unfortunately, or fortunately, there is no prior restraint in America -- you can't legally get a court order barring the publication of a book. You will have to wait until the book comes out and then sue -- if there is reason to and you can prove damages. If you are a "public figure" you will also have to show "actual malice." You could also consult an experienced publicist about generating a campaign in the media to discredit these people, or to bring out your own story in such a way that, when their book comes out, it will be "old news," nobody in the media will be interested in printing their allegations, and their book will be all but ignored.