We are a "do it yourself" nation. If you don't believe me, just take a look at the "how to" section of any bookstore or library and you'll see what I'm talking about. There are books on how to do just about anything, including practicing law. Now, I'm not here to knock those kinds of books because they have their place. I understand that the economy is tough … [Read more...] about Why the “Do it Yourself” Mentality Is A Bad Idea
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Don’t Let The Court Give Your Adversary Special Treatment
Every once and a while I come across a pro se litigant on the other side of the case (note: pro se litigant means someone who is representing him or herself), and this can be a good thing, but it can also be a major irritant On the positive end, as a lawyer, you have a tremendous advantage against your adversary and you can really do a number on him or her if they don't follow … [Read more...] about Don’t Let The Court Give Your Adversary Special Treatment
Best Of California Defamation Law Blog: 2009
This has been an exciting year here at the California Defamation Law Blog, so I thought it'd be a good idea to highlight our top 10 favorite posts, considering page views, comments, and other forms of reader feedback. I hope you revisit and enjoy these posts. Here's to an even better 2010! Here they are: Do You Have A Case For Defamation? The Three Types Of Damages In … [Read more...] about Best Of California Defamation Law Blog: 2009
Defamation Defense: Consent
A less common but no less important defense to a cause of action for defamation is the defense of consent. If the defendant can show that the plaintiff consented to the publication of the alleged defamatory statement or statements, it operates as a complete defense. In other words, defendant wins. Under what circumstances has the doctrine of consent been successful? Well, I'm … [Read more...] about Defamation Defense: Consent
Defamation Defense: Qualified Privilege
The last several posts have focused on absolute privileges. Today we’re going to talk about the qualified privilege, which is a lot more common than you might think. A qualified privilege essentially means what it appears to mean. It allows the publisher/speaker to make a statement that would otherwise be defamatory without being held liable for making the … [Read more...] about Defamation Defense: Qualified Privilege