Legal Question in Civil Litigation in New Mexico

I was on a resource sharing site when one of the other moms suggested a local business for finding items. I told her that I don't shop at that business because my friend got a raw deal there, but thanks for the suggestion.Other suggestions poured in and I found the perfect lady for my needs! However, The owner of the business sent me a message telling me to contact her lawyer for a public slander suit. Should I get a lawyer?


Asked on 2/15/12, 5:16 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

It is usually best to do nothing unless contacted by a lawyer in writing who threatens litigation. It is always best not to respond in situations such as this, especially in writing. Chances are nothing will come of it, but everything you put in writing, and every response you make will be used against you in the future. Your natural inclination is to defend yourself, but the best position is no position at all unless you are required to defend. At that time your lawyer should speak for you. It is premature to retain a lawyer now, but have one in mind in case this goes further. My guess is it will not. Legally, you are entitled to express your opinion of a retail merchant to whomever you wish. You may not report falsehoods or libelous statements, but you have a right to express yourself honestly. The 1st Amendment covers you in situations where you are expressing your honest opinion, as is your right.

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Answered on 2/15/12, 5:35 pm


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