What Will Your Lawyer Do In A Defamation Lawsuit?

Defamation (whether it's libel or slander) occurs when one person makes a false statement of fact that injures someone else's reputation. In this article, we’ll discuss the important role your lawyer will play if you decide to file a defamation lawsuit.

How Much Will a Defamation Lawyer Cost?

When thinking about hiring an attorney, the first question on everyone’s mind is usually, "What’s it going to cost me?” Generally, attorneys that represent plaintiffs (the person who was harmed) in defamation cases work on a contingency fee basis.

What Is a Contingency Fee In a Defamation Case?

Under a contingency fee agreement, if you receive a defamation settlement, or if your defamation lawsuit goes to trial and you receive a judgment in your favor, the attorney will receive a percentage of the net recovery (usually after the attorney is reimbursed for costs). Typically, this is between 25% and 40%, depending upon when the case resolves.

For example, often an attorney will charge 25% if the case resolves before a defamation lawsuit is filed, 33% if the case resolves before trial, and 40% in the rare event that a trial needs to be held. Learn more about how contingency fees work.

How Do I Pay a Lawyer If I'm Being Sued For Defamation?

If you're a defendant in a defamation case, it's likely the attorney will request to be paid hourly. In this situation, the attorney will send you an itemized bill each month reflecting the number of hours they worked on your case, and an itemized list of the expenses incurred. This type of fee arrangement will also likely be coupled with a retainer, or an advance fee to secure the attorney’s services.

What Are Legal "Costs" In a Defamation Case?

If you are a plaintiff, a big advantage in hiring a lawyer is that the firm will usually pay most, if not all, of the litigation costs. Defamation cases can be very expensive because they are very fact-driven. So, a lot of time and money will be spent in building evidence through investigation, depositions, and interrogatories.

A plaintiff in a defamation case may have to prove "actual" damages suffered with respect to their property, business, trade, profession or occupation—including any expenses the plaintiff had to pay as a result of the defamatory statements. Proving the cost of harm to your reputation or business can be difficult. You'll usually have to hire one or more experts or consultants, which can get expensive, especially if they have to testify at trial. An attorney will usually cover these costs.

Your Lawyer Will Handle the "Discovery" Process

After getting your defamation lawsuit started by filing the complaint in court and serving the defendant, the next step in the litigation process is discovery.

During this stage, both sides exchange information in preparation for trial. You'll lean heavily on your attorney's skills and experience at this stage when it comes to:

• drafting interrogatories (questions the other party must answer in writing and under oath)
• taking depositions (question-and-answer sessions under oath)
• figuring out what records to ask for from the other side, and
• going in front of the judge to argue about what the two sides can and can't ask for from each other.

An Attorney Is Key to Settling a Defamation Case

Most civil lawsuits settle, and defamation cases are no exception. Out-of-court resolution can occur at any point, even before a lawsuit is filed. The mere fact that you have an attorney on your side can sometimes be all it takes to get the other party to come to their senses and resolve the defamation case through settlement negotiations.

A defamation case may also settle through some form of alternative dispute resolution, such as mediation or arbitration.

When a Defamation Case Goes to Trial

If the parties don't settle, the defamation case will proceed to trial, when both the plaintiff and defendant will present their cases, including expert testimony. You'll rely most heavily on your attorney at this stage, because trial can be complex and time-consuming.

Remember, defamation cases typically turn on questions of fact, meaning that a jury will need to be convinced that plaintiff was actually defamed and harmed by what happened. An experienced attorney will know how to put on the best case, to ensure the best outcome. Learn more about what to expect in a defamation case, and get tips on finding the right lawyer for you and your case.