Advice To Any Attorney Contemplating Filing A Suite Against A Blogger

So you client just called you screaming on the top of his voice: “Libel! Defamation! I am suing the SOB!”. What are you going to do? Of course you have several choices. You can fire up a cease and desist letter or maybe even file a claim. But you can also ask your client to take a breather (in some cases some sedatives may help as well). Think about the issue at hand for at least 24 hours after which you can offer to discuss the matter. Your choice can make a world of difference to your client’s reputation.

Yes, if there is a clear libel or defamation (hopefully supported by bulletproof evidence), you should probably do what you do the best- be a good attorney and protect your client. However often it may be a case that your client have mistakenly perceived as libel and defamation something that has more to do with public relations. (It would be good idea to have handy phone numbers of good PR firms for such cases). Pulling the trigger with legal action or even a cease and desist letter can have an effect of pouring fuel into a fire.

Chances are that you will be dealing with a small time blogger and soon will be perceived as a bully. The blogger on the other hand will be viewed as a “David fighting Goliath”. Not to many people are impressed with bullies and when it’s time to “cross swords” majority will side with the “little man”.

Bloggers as a group are very sensitive when it comes to their rights. And they tend to stick together by writing about you and your client hundreds of posts scrutinizing your clients business and even founding defense funds to help the blogger in trouble.

Another unwanted side effect that many of these bloggers will continue to keep a close eye on your clients future ventures. And even a slightest misstep on your client part will be countered with a fresh wave of scrutiny- generally much harsher then before.

Internet has a very long memory. Most of the courts in the united states now have some sort of online archive that can be accessed just by about anyone. Once trigger is pulled, you have to be mindful that even if you and your client prevail, you may never be able to erase this “internet memory”! You will also have very little control over the “spins” that may continue to populate the blogosphere.

Finally, if the internet related issues are some what new to you. It might be a good idea to “brush up on things”- Citizen Media Law Project is an excellent place to start, as they profiled hundreds or maybe thousands of internet related cases.