Legal Question in Business Law in Oregon
libel
I have been accused by a client for breech of contract and misrepresentation, both of which I have plenty of documentation to prove the allegations false. The letter that was sent to be by his attorneyaccuses me of all kinds of illegal acts and attacks my personal character. I was shocked that this actually came out of attorneys office as inflammatory as it was. As i understand it if one other person is in receipt of this letter, being their client, formally mine, do I have a case for libel against the attorney
2 Answers from Attorneys
Re: libel
Yes, you could have a cause of action for libel and also for commercial disparagement under ORS 646.608, which states (in part):
Attorney General's rules; unlawful business; trade practices; proof
(1) A person engages in an unlawful practice when in the course of the person's business, vocation or occupation the person does any of the following: . . .
(e) Represents that real estate, goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, quantities or qualities that they do not have or that a person has a sponsorship, approval, status, qualification, affiliation, or connection that the person does not have. . . .
Re: libel
After reading the question more carefully, I withdraw my first response. You are referring to an attorney who sent you a letter on behalf of his client, making attacks on you that you believe are false and disparaging. This letter does not constitute the publication of the contents of the letter, so you probably have no cause of action for libel. You also probably have no cause of action for commercial disparagement, because the only recipient of the disparagement is you. The attorney's letter is merely your former client disparaging you, not the attorney.
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