Legal Question in Civil Rights Law in Michigan
search for slander or defamation of character statues
Please refer me to slander or defamation statues. I am searching for a definate law which might be similar to my situation-i.e.a phone call to my landlady from a Wisconsin lawyer where false accusations led to my illegal eviction and extreme emotional pain and suffering in the events that followed.Which state would govern this situation? I live in Ma and she lives in Wi. Also, I am looking for a way to research her past records in cases she has been involved in, and in her ratings as an attorney.How can I access her public records?
1 Answer from Attorneys
Re: search for slander or defamation of character statues
Hmmm. This appears to be more a tortious conduct (tort) question. If, on the other hand, a government employee was involved, you have an almost impossible row to plow to sue her in her official capacity for slander. Ordinarily, the fact that she's an attorney shouldn't matter much.
You don't say whether the attorney made the false accusations or whether she made statements repeating what someone told her. I would expect that regardless of the state, the defamation statute permits unintentional conduct or conduct which is reasonable, regardless of the harm.
You can find Michigan's defamation statute (MCLA 600.2911 Action for libel or slander. [M.S.A. 27a.2911 ], by doing a search for "defamation" here:
http://www.michiganlegislature.org/law/
You'll note that it reads
(7) An action for libel or slander shall not be brought based upon a communication involving a private individual unless the defamatory falsehood concerns the private individual and was published negligently. Recovery under this provision shall be limited to economic damages including attorney fees.
Well, assuming you want to follow up on this, you probably have your choice of states. The easiest would be where she resides. However, be forewarned that this is going to be a very difficult case even if you can prove that whatever she said was defamatory.
You can access her litigation records if you know where she practices, by calling several local courts and asking them how to do an attorney search. IF they're computerized, you may be able to find some of her work.
You can also, of course, contact the Wisconsin Bar Association and inquire as to whether she has ever been disciplined; they may send you a copy of any complaint against her and the result.
If you want to find out whether she has been rated, simply have a friend call up with a "legal problem" and ask. Don't harass her, though.
Good luck!