Do I Need a Lawyer for Defamation?

Answer 6 quick questions to get personalized guidance for your California case

Question 1 of 6

What type of defamation occurred?

Written/online - permanent posting (website, social media, article)
Fake negative review of my business
Spoken to multiple people or in public setting
Spoken privately to a few people

Question 2 of 6

Is the statement clearly false and factual?

Yes - provably false statement of fact
Contains false facts mixed with opinions
Mostly opinion (even if unfair or harsh)
It's actually true but embarrassing

Question 3 of 6

What damages have you suffered?

Lost income, lost job, or lost business opportunities
Serious reputation damage (can be documented)
Emotional distress and humiliation
No damages yet but worried about future harm

Question 4 of 6

Who made the defamatory statement?

Competitor or business with assets
Media outlet or journalist
Known individual (ex-partner, former employee, neighbor)
Anonymous online poster

Question 5 of 6

Are you a public figure or private person?

Private person - not famous or notable
Limited public figure - known in my field/community
Public figure - politician, celebrity, etc.

Question 6 of 6

Have you asked them to remove or retract the statement?

Yes - they refused or ignored my request
Yes - no response yet
Haven't asked yet
They already removed/retracted it

Start with a Cease and Desist Letter

Many defamation situations resolve with a strong cease and desist letter. Try this first before expensive litigation.

Recommended DIY Steps:

  • Send formal cease and desist letter demanding removal/retraction
  • Document the defamatory statement (screenshots, archives)
  • Report to platform if online (request content removal)
  • Collect evidence of falsity and any damages
  • Consider if the fight is worth the Streisand Effect risk

You Should Consult a Defamation Attorney

Your case involves significant damages and clear defamation. An attorney can evaluate the strength of your claim and pursue it effectively.

Why You Need an Attorney:

  • Defamation law is complex - must prove multiple elements
  • California has strong anti-SLAPP law that may affect your case
  • Attorney can subpoena identity of anonymous posters
  • If financial damages are significant, case may be viable
  • Some defamation attorneys work on contingency for strong cases
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Send Cease & Desist, Then Evaluate

Your case has some merit. Start with a strong cease and desist, then consider whether litigation makes sense.

Recommended Approach:

  • Send professional cease and desist letter
  • Document everything - screenshots, archives, witnesses
  • Calculate actual financial damages if any
  • Consult with a defamation attorney
  • Consider cost-benefit: lawsuits are expensive and public

Understanding Defamation Law in California

Defamation is a false statement presented as fact that harms your reputation. California distinguishes between libel (written) and slander (spoken), with different rules for each.

Elements You Must Prove

⚠ California's Anti-SLAPP Law - Major Risk

California's anti-SLAPP law (Code of Civil Procedure 425.16) can quickly kill weak defamation lawsuits:

  • Defendant can file anti-SLAPP motion early in case
  • If successful, YOUR case gets dismissed AND you pay THEIR attorney's fees
  • Applies to statements on matters of public interest
  • This is why you MUST have a strong case before suing

Defamation "Per Se" - Automatic Damages

Some false statements are so harmful that damages are presumed (you don't have to prove actual harm):

The Streisand Effect Warning

Suing for defamation can draw MORE attention to the false statements. Barbara Streisand sued over a photo of her house, and the lawsuit made millions more people see it. Consider whether fighting publicly is worth it, or if a quiet cease and desist might be better.

Online Defamation - Special Issues

Statute of Limitations

1 year from publication of the defamatory statement. For online posts, the clock starts when it was first posted (not when you discovered it). Act quickly.

Related Resources

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