# How to (cheaply) defend against a lawsuit? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [June 28, 2013, 6:09pm UTC](https://boards.straightdope.com/t/how-to-cheaply-defend-against-a-lawsuit/662144 "2013-06-28T18:09:06Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![brickbacon](https://avatars.discourse-cdn.com/v4/letter/b/898d66/32.png) [@brickbacon](https://boards.straightdope.com/u/brickbacon)\ **Post date:** [June 28, 2013, 6:09pm UTC](https://boards.straightdope.com/t/how-to-cheaply-defend-against-a-lawsuit/662144/1 "2013-06-28T18:09:06Z")
So a friend of mine is being sued by a company for a blog post in which he takes a talks about how the company is basically scamming people. This is not a particularly huge company, nor is his blog widely read. The claims he made were basically true, although he made a fairly common semantic mistake on statistical claim. They are suing him for an undisclosed amount (\>$75k, plus fees, etc.). Just based on google searches, the company does seem to scam people. Is there any cheap way my friend can defend himself? Lawyers he has discussed the matter with want a $5k retainer, which is hard to justify given the thinness of the case. I thought about the EFF, but they seem to usually take bigger, more interesting cases. Am I wrong about that? Any other ideas? Thanks in advance. ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [June 28, 2013, 6:41pm UTC](https://boards.straightdope.com/t/how-to-cheaply-defend-against-a-lawsuit/662144/2 "2013-06-28T18:41:44Z")
Legal advice is best suited to IMHO. Colibri General Questions Moderator ---
**Author:** ![Quartz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quartz/32/267_2.png) [@Quartz](https://boards.straightdope.com/u/Quartz)\ **Post date:** [June 28, 2013, 7:04pm UTC](https://boards.straightdope.com/t/how-to-cheaply-defend-against-a-lawsuit/662144/3 "2013-06-28T19:04:34Z")
Truth is an absolute defence. So your friend should simply say, “See you in court.” ---
**Author:** ![Gorsnak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gorsnak/32/7587_2.png) [@Gorsnak](https://boards.straightdope.com/u/Gorsnak)\ **Post date:** [June 28, 2013, 7:07pm UTC](https://boards.straightdope.com/t/how-to-cheaply-defend-against-a-lawsuit/662144/4 "2013-06-28T19:07:36Z")
Blogger Ken White of [popehat.com](http://popehat.com) sort of specializes in acquiring pro bono representation on cases like this. Depending on the state, there are often anti-SLAPP rules that more or less guarantee winning legal fees if you successfully defend yourself. ---
**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\ **Post date:** [June 28, 2013, 7:08pm UTC](https://boards.straightdope.com/t/how-to-cheaply-defend-against-a-lawsuit/662144/5 "2013-06-28T19:08:06Z")
What city is the lawsuit brought in? There’s a whole range of options to try, but a lot depends on where the case is. ---
**Author:** ![brickbacon](https://avatars.discourse-cdn.com/v4/letter/b/898d66/32.png) [@brickbacon](https://boards.straightdope.com/u/brickbacon)\ **Post date:** [June 28, 2013, 7:38pm UTC](https://boards.straightdope.com/t/how-to-cheaply-defend-against-a-lawsuit/662144/6 "2013-06-28T19:38:35Z")
To elaborate a bit using an unrelated, but analogous example; this company seems to basically take advantage of people’s naivety and ego. They are like a modeling agency for children that encouraged every kid to pursue that career at a high expense (eg. headshots, etc.). My friend basically wanted to see if they wee legit, so he researched them. Then, to test if the material he found was accurate, he “tested” them. He, for purposes of our analogy, sent them a pic of one photogenic kid, and one less than photogenic kid. The response from the company was positive and enthusiastic in both cases. However, to continue, he needed to basically commit a bunch of money for various expenses. The expenses were for things one might need to seriously become a model, but not something a less than ideal candidate would not waste money on. He wrote all this up, then he found out they are suing him for defamation and tortuous interference with business relationships. ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [June 28, 2013, 7:54pm UTC](https://boards.straightdope.com/t/how-to-cheaply-defend-against-a-lawsuit/662144/7 "2013-06-28T19:54:19Z")
You say they are asking for in excess of 75 grand, I assume the parties are in different states, meaning it is a diversity of citizenship action. Alos did they request a jury trial in the actual complaint? Ask about a retraction and consequential damages to them that he can afford, IF he believes he is wrong (or even if right), no way a non legal person can handle this. ---
**Author:** ![msmith537](https://avatars.discourse-cdn.com/v4/letter/m/d9b06d/32.png) [@msmith537](https://boards.straightdope.com/u/msmith537)\ **Post date:** [June 28, 2013, 10:26pm UTC](https://boards.straightdope.com/t/how-to-cheaply-defend-against-a-lawsuit/662144/8 "2013-06-28T22:26:42Z")
> [@brickbacon](#): > > To elaborate a bit using an unrelated, but analogous example; this company seems to basically take advantage of people’s naivety and ego. They are like a modeling agency for children that encouraged every kid to pursue that career at a high expense (eg. headshots, etc.). > > My friend basically wanted to see if they wee legit, so he researched them. Then, to test if the material he found was accurate, he “tested” them. He, for purposes of our analogy, sent them a pic of one photogenic kid, and one less than photogenic kid. The response from the company was positive and enthusiastic in both cases. However, to continue, he needed to basically commit a bunch of money for various expenses. The expenses were for things one might need to seriously become a model, but not something a less than ideal candidate would not waste money on. > > He wrote all this up, then he found out they are suing him for defamation and tortuous interference with business relationships. The thing is, that doesn’t sound like a “scam” so long as they aren’t providing any guarantees. Plenty of “less than photogenic” people pursue acting careers. Who is the company to tell a client their kid isn’t suited for the role of “buger eating kid” or “young version of character actor in flashback”? ---
**Author:** ![brickbacon](https://avatars.discourse-cdn.com/v4/letter/b/898d66/32.png) [@brickbacon](https://boards.straightdope.com/u/brickbacon)\ **Post date:** [June 28, 2013, 11:16pm UTC](https://boards.straightdope.com/t/how-to-cheaply-defend-against-a-lawsuit/662144/9 "2013-06-28T23:16:13Z")
> [@msmith537](#): > > The thing is, that doesn’t sound like a “scam” so long as they aren’t providing any guarantees. Plenty of “less than photogenic” people pursue acting careers. Who is the company to tell a client their kid isn’t suited for the role of “buger eating kid” or “young version of character actor in flashback”? They are not a modeling company, I was just trying to analogize it to another industry. That said, the details of the interaction and their responses indicate that they are more interested in making money directly from their clients via overpriced services than actually getting them “work”. That said, I don’t think it is (nor did he imply) it is a scam in the Madoff sense, but more like in the actively managed overpriced mutual fund sense. ---
**Author:** ![DataX](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@DataX](https://boards.straightdope.com/u/DataX)\ **Post date:** [June 28, 2013, 11:29pm UTC](https://boards.straightdope.com/t/how-to-cheaply-defend-against-a-lawsuit/662144/10 "2013-06-28T23:29:51Z")
They actually served him with the complaint - or are threatening to do so? He must either get an attorney or defend himself. Most people do not have the skill to defend themselves. If he doesn’t show up - the court will most likely enter a default judgement against him. Guess he isn’t in California? Some people have had luck posting copies of their legal complaints on their blogs. I’m not sure what you mean by cheap. I think you could find someone for less than 5k to file a motion for summary judgement, but don’t know for sure. If there are actual facts in dispute that would support a claim - it’s probably going to be closer to at least 5k. Do the lawyers he spoke with think they have a valid claim? ---
**Author:** ![brickbacon](https://avatars.discourse-cdn.com/v4/letter/b/898d66/32.png) [@brickbacon](https://boards.straightdope.com/u/brickbacon)\ **Post date:** [June 28, 2013, 11:40pm UTC](https://boards.straightdope.com/t/how-to-cheaply-defend-against-a-lawsuit/662144/11 "2013-06-28T23:40:21Z")
> [@lawbuff](#): > > You say they are asking for in excess of 75 grand, I assume the parties are in different states, meaning it is a diversity of citizenship action. > > Alos did they request a jury trial in the actual complaint? Yes, different states. And the did request a jury trial in the complaint. > [@lawbuff](#): > > Ask about a retraction and consequential damages to them that he can afford, IF he believes he is wrong (or even if right), no way a non legal person can handle this. Yeah, I know he could probably settle to less, but on principle I don’t think he wants to if he can avoid it. Maybe a retraction and no damages might work I suppose. > [@DataX](#): > > They actually served him with the complaint - or are threatening to do so? They did it. AFAIK, there was no other intermediate step or contact between the two parties. > [@DataX](#): > > He must either get an attorney or defend himself. Most people do not have the skill to defend themselves. If he doesn’t show up - the court will most likely enter a default judgement against him. Yeah, he wouldn’t risk any of that. > [@DataX](#): > > Guess he isn’t in California? No, the DC area. > [@DataX](#): > > Some people have had luck posting copies of their legal complaints on their blogs. True, but I worry that will just exacerbate things. > [@DataX](#): > > I’m not sure what you mean by cheap. I think you could find someone for less than 5k to file a motion for summary judgement, but don’t know for sure. If there are actual facts in dispute that would support a claim - it’s probably going to be closer to at least 5k. Yeah, the issue I think they will hang their hat on is a semantic/statistical error he made. Something along the lines of saying X number of people voted for Romney based on a percentage of the vote he got, and the US population, while not considering not everyone votes. In essence, it made the companies pathetic success rate seem even worse. > [@DataX](#): > > Do the lawyers he spoke with think they have a valid claim? No, but they think it will be fairly complicated and expensive to pursue if the company wants to press the issue. ---
**Author:** ![tellyworth](https://avatars.discourse-cdn.com/v4/letter/t/977dab/32.png) [@tellyworth](https://boards.straightdope.com/u/tellyworth)\ **Post date:** [June 28, 2013, 11:46pm UTC](https://boards.straightdope.com/t/how-to-cheaply-defend-against-a-lawsuit/662144/12 "2013-06-28T23:46:49Z")
The EFF has some good starting advice [here](https://www.eff.org/issues/bloggers/legal/liability/defamation). Does your friend intend to fight to keep the article online? Or does he want to make it all go away? Can you PM me the name of the blog host? Depending on where it is I might be able to make some more specific suggestions. ---
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [June 29, 2013, 1:04am UTC](https://boards.straightdope.com/t/how-to-cheaply-defend-against-a-lawsuit/662144/13 "2013-06-29T01:04:47Z")
> [@tellyworth](#): > > The EFF has some good starting advice [here](https://www.eff.org/issues/bloggers/legal/liability/defamation). > > Does your friend intend to fight to keep the article online? Or does he want to make it all go away? > > Can you PM me the name of the blog host? Depending on where it is I might be able to make some more specific suggestions. They are apparently making it tougher for themselves by asking for 75,000. Bloggers have been [successfully sued in small claims court.](http://yro.slashdot.org/story/07/06/16/1940231/student-blogger-loses-defamation-case) SLAPP legislation does not apply to small claims court. See also. [Strategic lawsuit against public participation](http://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation) > **[The Popehat Report](https://www.popehat.com/?404=%2F2012%2F06%2F07%2Fwhy-yes-i-am-into-slapping%2F)** > > A Complaint About Law, Liberty, and Leisure. > **[State Anti-SLAPP Laws — Public Participation Project](https://anti-slapp.org/your-states-free-speech-protection/)** > [@](#): > > District of Columbia > The Council of the District of Columbia passed the Anti-SLAPP Act of 2010 (Law 18-351) on December 7, 2010. The Mayor signed the bill on January 19, 2011 and the bill was submitted for Congressional review on February 2, 2011. The new law became effective on March 31, 2011. > > Under the law, any act in furtherance of the right of advocacy on issues of public interest will be protected. Such acts include any written or oral statement made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law; or in a place open to the public or a public forum in connection with an issue of public interest. In addition, any other expression, or expressive conduct, that involves petitioning the government, or communicating views to members of the public in connection with an issue of public interest, is protected. An issue of public interest is defined, under the law, as an issue related to health or safety; environmental, economic, or community well-being; the District government; a public figure; or a good, product, or service in the market place. However, the statue also dictates that the term “issue of public interest” shall not be construed to include private interests, such as statements directed primarily toward protecting the speaker’s commercial interests rather than toward commenting on, or sharing information about, a matter of public significance. > > The law provides a defendant who is the target of a SLAPP with the right to file a special motion to dismiss which stays discovery. If the Court grants the motion, it may award the defendant appropriate fees and costs. Furthermore, a person whose personally identifying information is sought, pursuant to a discovery order, request, or subpoena, in connection with a claim arising from an act in furtherance of the right of advocacy on issues of public interest, may make a special motion to quash the discovery order, request, or subpoena. ---
**Author:** ![Saintly\_Loser](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saintly_loser/32/4045_2.png) [@Saintly\_Loser](https://boards.straightdope.com/u/Saintly_Loser)\ **Post date:** [June 29, 2013, 1:58am UTC](https://boards.straightdope.com/t/how-to-cheaply-defend-against-a-lawsuit/662144/14 "2013-06-29T01:58:46Z")
> [@brickbacon](#): > > So a friend of mine is being sued by a company for a blog post in which he takes a talks about how the company is basically scamming people. This is not a particularly huge company, nor is his blog widely read. The claims he made were basically true, although he made a fairly common semantic mistake on statistical claim. They are suing him for an undisclosed amount (\>$75k, plus fees, etc.). > > Just based on google searches, the company does seem to scam people. Is there any cheap way my friend can defend himself? Lawyers he has discussed the matter with want a $5k retainer, which is hard to justify given the thinness of the case. I thought about the EFF, but they seem to usually take bigger, more interesting cases. Am I wrong about that? > > Any other ideas? Thanks in advance. IANAL, to start with. But. . . The $5K retainer may seem hard to justify given the thinness of the case, but the lawyer is basing his or her retainer on an estimate of how many hours will have to go into defending your friend. Just because it’s a bullshit case doesn’t mean that your friend won’t have to respond to the complaint and file papers and motions just to get it to go away. And that could be a lot of billable hours for a lawyer. Let’s say the lawyer is charging a moderate fee of $300 per hour. That $5K will only cover 16 hours. Not that much time, really. And, if your friend has been served with a complaint, he needs a lawyer. Right now. ---
**Author:** ![brickbacon](https://avatars.discourse-cdn.com/v4/letter/b/898d66/32.png) [@brickbacon](https://boards.straightdope.com/u/brickbacon)\ **Post date:** [June 29, 2013, 2:03am UTC](https://boards.straightdope.com/t/how-to-cheaply-defend-against-a-lawsuit/662144/15 "2013-06-29T02:03:35Z")
> [@Saintly\_Loser](#): > > IANAL, to start with. But. . . > > The $5K retainer may seem hard to justify given the thinness of the case, but the lawyer is basing his or her retainer on an estimate of how many hours will have to go into defending your friend. Just because it’s a bullshit case doesn’t mean that your friend won’t have to respond to the complaint and file papers and motions just to get it to go away. And that could be a lot of billable hours for a lawyer. Let’s say the lawyer is charging a moderate fee of $300 per hour. That $5K will only cover 16 hours. Not that much time, really. > > And, if your friend has been served with a complaint, he needs a lawyer. Right now. I agree. I don’t think the lawyer is being greedy or anything. It’s just that I don’t think he is necessarily in a position to spend $5k+ on this issue. If he must, he will I suppose. But, cheaper (and effective) is better. ---
**Author:** ![AuntiePam](https://avatars.discourse-cdn.com/v4/letter/a/f19dbf/32.png) [@AuntiePam](https://boards.straightdope.com/u/AuntiePam)\ **Post date:** [June 29, 2013, 2:45am UTC](https://boards.straightdope.com/t/how-to-cheaply-defend-against-a-lawsuit/662144/16 "2013-06-29T02:45:42Z")
Maybe he can find a lawyer who will file a Notice of Appearance and an Answer (“defendant denies everything and here’s a counterclaim for a gazillion dollars”) and that would be enough to make it go away. Has this company sued other people, successfully? Cuz damn, that’s kinda scary. It sounds like your friend understands that he might be in hot water. ---
**Author:** ![Saintly\_Loser](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saintly_loser/32/4045_2.png) [@Saintly\_Loser](https://boards.straightdope.com/u/Saintly_Loser)\ **Post date:** [June 29, 2013, 3:14am UTC](https://boards.straightdope.com/t/how-to-cheaply-defend-against-a-lawsuit/662144/17 "2013-06-29T03:14:00Z")
> [@AuntiePam](#): > > Maybe he can find a lawyer who will file a Notice of Appearance and an Answer (“defendant denies everything and here’s a counterclaim for a gazillion dollars”) and that would be enough to make it go away. And if it isn’t enough? Then he’s back where he started. No, I think he needs a lawyer who can handle this, and not on the cheap. He doesn’t need a big white-shoe firm with lawyers who charge $900 per hour, but he needs a lawyer with experience in this area of the law. Anyway, if he pays a $5,000 retainer to a lawyer, and the lawyer files a motion to dismiss or something (again, IANAL) and the plaintiff does go away, any balance left of the retainer should be refundable. ---
**Author:** ![eclectic\_wench](https://avatars.discourse-cdn.com/v4/letter/e/ac91a4/32.png) [@eclectic\_wench](https://boards.straightdope.com/u/eclectic_wench)\ **Post date:** [June 29, 2013, 2:31pm UTC](https://boards.straightdope.com/t/how-to-cheaply-defend-against-a-lawsuit/662144/18 "2013-06-29T14:31:23Z")
If by any chance it’s a vanity or reverse-vanity publisher, he could try emailing the people at [Writer Beware](http://www.sfwa.org/other-resources/for-authors/writer-beware/) for advice - they’ve dealt with stuff like this before, and they might know lawyers who have experience in the area and/or would do pro bono work. ---
**Author:** ![Oakminster](https://avatars.discourse-cdn.com/v4/letter/o/77aa72/32.png) [@Oakminster](https://boards.straightdope.com/u/Oakminster)\ **Post date:** [June 29, 2013, 5:39pm UTC](https://boards.straightdope.com/t/how-to-cheaply-defend-against-a-lawsuit/662144/19 "2013-06-29T17:39:39Z")
> [@AuntiePam](#): > > Maybe he can find a lawyer who will file a Notice of Appearance and an Answer (“defendant denies everything and here’s a counterclaim for a gazillion dollars”) and that would be enough to make it go away. Probably not. Once a lawyer enters an appearance on behalf of a client, the lawyer is in the case until it is resolved or granted the Court’s permission to withdraw. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [June 30, 2013, 12:39am UTC](https://boards.straightdope.com/t/how-to-cheaply-defend-against-a-lawsuit/662144/20 "2013-06-30T00:39:27Z")
Some jurisdictions now have “limited retainer” options, **Oak** - where a person can retain a lawyer for a limited purpose. So long as the lawyer explains the significance of a limited retainer in advance, it can help someone get some legal assistance, like a “go away” letter. Whether that is an option for the OP’s friends would depend on the professional standards of whichever jurisdiction he’s in.