Is a letter calling someone a liar and a number of other defamatory names considered to be libel if a copy of this letter was sent to a solicitor by the sender?

In other words if the writer sends a copy of the letter to her solictor does this put the letter in the 'public domain' and therefore make the letter libellous?

If it doesn't then what action can I take legally to stop this person defaming my character?

I would appreciate any clarification on this matter that anyone can offer.

Thank you!

Hello l:

Public domain isn't the issue. The issues ARE (and you need ALL of them), (1) did someone LIE about you in print, (2) did the lie DAMAGE you, and (3) exactly how much?

You're going to need to PROVE how much and why you came up with that figure. You cannot just say that your reputation was damaged and therefore you're entitled to X amount of cash. It doesn't work that way.

The OTHER problem you've got is attorney fees. You're going to have to pay IN FRONT for a lawyer to take your case. That'll probably start at around $5,000.

Now, if the person who got the letter or a copy of it, DIDN'T hire you when he was going to before the letter, or the letter results in criminal charges being wrongfully brought against you, THEN you've got measurable damages.

excon

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Originally Posted by losael

Is a letter calling someone a liar and a number of other defamatory names considered to be libel if a copy of this letter was sent to a solicitor by the sender?

In other words if the writer sends a copy of the letter to her solictor does this put the letter in the 'public domain' and therefore make the letter libellous?

If it doesn't then what action can I take legally to stop this person defaming my character?

I would appreciate any clarification on this matter that anyone can offer.

Thank you!

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I assume you're in Canada or the UK so the laws are different BUT in the US correspondence addressed to an Attorney is not libel/slander/defamation. It's somewhat privileged, if that is the proper category.

That's basically the same reason you can stand up in Court and call someone names and not be sued - it's part of a Court proceeding. Divorces tend to be hair raising for this exact reason - the person making the accusations is untouchable.

Obviously if the letter went to you you didn't believe the contents, so you're not a party.

Libel/slander/defamation is a minefield - I'd discuss this with an Attorney and see what the rules are but I strongly suspect this is not defamation.

How do you stop it? If it's harassment, you file a harassment complaint. Otherwise - I don't have an answer for you. Ignore it may or may not work.

Thank you Excon and JudyKayTee, your answers have given me something to think about.
My problem is with a neighbour who is intent upon bullying me so the problems with him are ongoing and I don't want to spend money on legal advice if I'm going to be told that I don't have a case.
The letter from him is quite threatening so I suppose I should be looking at harassment rather than libel. I will be showing the letter to the Police in the next few days as they are aware of the situation.
Thank you for giving me some positive direction in this matter.
Losael