Friday, May 27, 2022

Defamation of Character Suit A La Carte Please

 With the Johnny Depp and Amber Heard trials for both defamation of character and what Heard is calling a "smear campaign" for her side of it, the two of them have racked up more than $10,000,000.oo in legal fees thus far and the thing is, the jury could come back and slap both of them on the wrists with "Don't do that again" verdicts, and they'd owe another $1,000,000.00 or so in clean up issues no doubt.  If one or the other of them comes out smelling less than a wet dog in this whole mess, I'll be surprised. I won't say "I'll eat my hat" because court cases going to a jury can end up topsy-turvy! More jurors than not probably favor Johnny over Amber; it would be difficult to name more than one film she's been in, and the only reason we know she was in it is that they mentioned it a few times in the trial.  It's just a hot mess.

    Before someone can even BEGIN to think about bringing a movement of the Court such as a lawsuit for defamation of character, there will always be the initial interviews of the one(s) bringing the case, and that can take weeks. Weeks as in billable hours, and the average lawyer in the United States working that sort of law would be upward of $400 per hour. The average in the UK (just in case anyone in the UK is thinking of bringing a suit) would be the equivalent to that amount, but if you expect to bring an international suit, well, that's another penny or two. The average international lawyer would charge upward of $1000 per hour if they had a case to bring.

    In order for there to be an actual reason to move the Court, there would have to be an established ground(s) for the motion or initial Petition.  Before there could be a Petition filed, the side of the bringing party would no doubt check the evidence that was being presented to the office; maybe blogs, emails, correspondence, or recordings in which another party was defaming the party bringing the suit. There would need to be definite detail and sufficient damages from said evidence. You can't bring a proper suit with hearsay, innuendo, opinion, questions to someone, maybe statements that were not posted publicly, but perhaps asked in private chats or direct messages. You see, there is no damage when someone is merely asking a question even if the question seems ugly or unwarranted. Lets says someone thinks you may have a different lifestyle, or they ask you or someone else if you are dating someone else other than your spouse. You can't call that defamation. They asked a question.

    The defaming part must be PROVEN and it must be MALICE before it can be considered for suit. I mean, no lawyer would accept a case he/she couldn't receive payment for, and if the person you're trying to sue is just as poor as you are, and you're not even able to pay for 10 initial hours of work, then you may not have a pot to piss in, as they say. You may not stand, you may not be granted your day in court. You may just have to realize that defamation literally means you lost fame over the matter, and you lost money or work, or maybe you were running for president and you lost votes.  You could sue because you were mentally "damaged" or hurt (stressed) by the words of some "cheeky toxic" person. You can't expect to get punitive damages if there were no actual damages to begin with.

    Let's say you manage to get the lawsuit off the ground, you paid the initial 10 hours of initial work, and you're off to the races! You're going to sue someone! Congratulations, you just got yourself a one-way ticket to a deposition where you have to prove you weren't crazy or in need of mental healthcare PRIOR to the suit. If you spent say even one week in a mental ward for stress related illness PRIOR to the defamation suit, you will not be able to prove the difference between your diagnosis before and your current diagnosis. God forbid the other side asks the Court for another evaluation, and they drag up all the many times and months (years) someone has actually sought help for stress, drugs, drink, anger, abuse, and/or suicide. Did what they say REALLY cause MORE damage? How do you prove that?

    Before your side of the aisle can even depose the other side you'll be deposed by their side. Your friends, family, doctors, arresting officers (if you've been arrested for public intoxication or violence) will be deposed. Can you imagine if you wrote or responded to someone and said something opposing the claim or question they asked, but it was PROVEN in COURT or in depo that you are in fact exactly as they questioned or posed? Perjury is a real thing. Sworn testimony is a real oath. The penalty for perjury is severe and it often comes with not only a fine, but imprisonment. I know I would always tell the truth. I won't go to jail for anyone; I won't lie and say I'm this or that to save face. I will willingly and voluntarily speak the full truth under oath. Some of the first questions would certainly be about your history in order to establish their innocence of your claim. Something to think about. It is then PUBLIC RECORD at that point.

    Depp and Heard have money. I don't have money to spend on silly suits. I would never bring a suit against another person who didn't own $$$$ in stocks, houses, real estate, royalty equity, or maybe had a hidden stash of gold somewhere. An attorney worth his/her salt won't file a suit if they can't retrieve a great reward for it - - you're spinning your wheels. They'll take your first 10 hours and tell you how sorry they are for not bringing the case.  You're stuck. You're mad. You're just as UNDEFAMED as you were to begin with, and now you've got less money. Yeah, it's not a good thing, but hey, people think they've been slandered and they want something for it - - here's a thought. Don't fly your kite without knowing if you can handle the wind! It can take a nasty turn at any second and come crashing all around you. Best to know who and what you are so no one calling you names or asking questions can insult you or upset you - - you know the Truth and that Truth is all you need.

    Law is my first love. When I graduated college at Oklahoma City University, home of one of the best premier Law Schools in the Southwest of America, I had a full ride to the school.  My grades were 3.75 GPA, I was an honors member in Alpha Sigma Lambda, I graduated Cum Laude, and was really excited to start the whole process. I was a paralegal for an investigatory attorney's office. I'd been there 100 years I think, it was my turn to take over when the lead attorney retired.  The problem with the plan was that the judge in my divorce case decided I could have the kids or enroll in Law School. She can't do that, but she did. I chose the kids.  I've remained an investigator and an educator. I work both ends of the candle and have recently been interviewed for a position at at top notice legal firm as a Securities Investment Paralegal where I'll use my keen skills of tracing and tracking to find fraudulent sellers and buyers on the FOREX and the Stock Exchange. Oh...I am too excited about that.

    I think my point to this blog is simple.  We all get upset when we're called names, or if questions are asked about our personal character. However, it doesn't meet the standard or rise to the level of needing to be remedied by the Court. Somethings you just walk away from, you discuss civilly, or you choose to ignore them altogether. Let it go - - it isn't worth the stress and if you're trying to say you want to be less stressed - - remember that causing stress is just as real as having it handed to you. You decide.

Photo Credit:  UT.EDU  Alpha Sigma Lambda 


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