AboutPaul D. Friedman, M.A., Ph.D., J.D. Expertise I have been a practicing civil trial attorney since 1989 and have a master's degree in bioethics and a doctorate of philosophy in comparative ethics of law, medicine and business.
I am Certified as a Civil Trial Specialist by the National Board of Trial Advocacy and am Certified as a Specialist in Injury and Wrongful Death Litigation by the State Bar of Arizona Board of Legal Specialization.
Experience Experience in the area I have been a practicing trial attorney since 1989 and I have a masters degree in bioethics and a doctorate of philosophy regarding comparative ethics.
Organizations belong to State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
Licensed in the United States Supreme Court American Bar Association National Board of Trial Advocacy
American Association for Justice
Arizona Trial Lawyers Association
American Society for Bioethics and Humanities Kennedy Institute of Ethics National Association of Realtors
Education/Credentials Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004 Doctorate of Philosphy 2006
Awards and Honors Phi Beta Kappa
Multiple Who's Who
Publications A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM
I live in Massachusetts in a small community where everyone knows everyone's business. After recently moving back to the area, a business owner had stated to another business owner that I had been convicted of sexual offenses in this state. The allegations are absolutely not true and my police record can back this up.
Here is where it gets a bit twisted. I have a company that I work in Real Estate as a Property Manager, amongst other things. This 'rumor' could be damaging to the outcome to a house that I am trying to make ready for the market for investors.
Knowing how this small town can create a buzz, my plan was to come in and do work on this home and create that buzz about what I was doing, to generate interest in the house for when it comes up for sale. The business owner who has stated that I was convicted for such offenses, has spread around this community of such wrongful allegations.
Where does this leave me in regards to that business owner? Can I proceed with court proceedings for "Deformation of Character", libel, and punitive damages?
Deformation of Character (slander) is such a hard avenue to prove but with the summoning of witnesses I think it could be done.
I would be anxious to hear your take on this situation.
All due respect.
Michael
Answer Mike,
I apologize for the length of time to respond to your question as I listed I was not going to be back until July 7th so I hope you did not wait long.
You would need to show the person made a statement which he/she knew or should have known was wrong that has hurt your reputation.
You can always file a lawsuit for defamation (not deformation) which includes slander (verbal) or libel (written). Also, many jurisdictions have a cause of action for slander per se when there is a wrong comment involving a crime. In most of the jurisdictions which allow defamation per se, you do not have to show actual damages in the form of loss of reputation so it is an easier claim to prove.
Also, many jurisdiction allow claims for interference with a contractual relationship which you may want to contemplate.
