Legal Question in Civil Litigation in California

Re: Unfounded accusations

If the letter is sent to the person who allegedly did the misdeeds, there's probably little to be done. If it's sent to other people about your misdeeds, then it's potentially defamatory.

Sometimes lawyers will do this to see what kind of response is forthcoming and conduct fact-gathering. For instance, if the person to whom it is addressed provides sufficient proof that the event did not occur, the lawyer might tell his/her own client to take a hike or, at least, get real.

Good luck!

Re: Unfounded accusations

If the attorney says that he is reporting what his client has informed him, then a civil cause of action for defamation agaisnt the attorney does not exist, because the attorney is tellling the truth, and truth is a complete defense to defamation of character. You may be able to sue his client, though, for defamation of character.

However, there is a very important exception to this rule that a lot of attorneys miss: it is called the Fair Debt Collection Practices Act. If the attorney is attempting to collect a debt for his client the demand letter must include the language: "This is an attempt to collect a debt. Any information obtained will be used for that purpose. Should you dispute this debt or any portion thereof, you have 30 days to dispute...(etc.)

If the attoreny did not include the FDCPA language in his letter you do have a potential cause of action against him. Generally, you can use this fact as negotiation leverage to settle the debt in issue.