What are the steps for filing a public defamation suit?

The steps that you need to take for filing a public defamation lawsuit are as follows:

• Find an attorney
• Make sure you are up to the challenge

The short list above sounds facetious, but in reality those are the most important steps you can take if you are seriously contemplating filing a lawsuit for defamation of character. Defamation of character is not an easy thing to prove, and doing so requires that some elements be present but it also requires representation by an excellent litigator.

You will need an attorney to examine the specific facts of your situation and advise you if a lawsuit is feasible, and if it is, your attorney may very well end up negotiating a settlement long before the case ever goes to trial.

As the plaintiff in a public defamation case you and your attorney will have the burden of proof. Among the things you have to prove at a minimum are that:

• You are the victim of false statements of fact that were written or spoken with malicious intent.
• You have suffered real harm as a direct result of these knowingly false statements of fact.

The word "false" is extremely important, because you have not been publicly defamed if someone speaks or publishes the truth.  Expect that if this goes to trial your personal and professional life, your character and your reputation will be attacked by the defense. Be prepared that by pursuing this issue in court you are potentially opening yourself up to even more people hearing about the attack on your reputation.

Discuss with your attorney the likely outcome of a public defamation lawsuit. It is not fair, but you may discover that the cost both financially and emotionally is not worth it to you. You may also decide that your reputation is worth fighting for, no matter how painful or long the fight it. Talk to an attorney and get the facts.