This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Before your client sues...

By Usman Baporia | Jun. 2, 2009
News

Law Office Management

Jun. 2, 2009

Before your client sues...


-Determine if the offending post is truly defamatory. "Take a hard look at what the claims are," advises law professor Mark Lemley. "Is it that 'I don't like what people are saying about me,' or is it actionable?"

-Try reaching out. Consider contacting the poster through the web-site to request that an objectionable review be tempered or removed. Attorney Karl Kronenberger says this strategy works for him about 30 percent of the time.

-Prepare to hire a high-tech private investigator. If the objectionable review is anonymous and a suit goes forward, you'll need a tech-savvy sleuth to help ferret out the identity of the poster, says Lemley.

#293779

Usman Baporia

Daily Journal Staff Writer

For reprint rights or to order a copy of your photo:

Email Jeremy_Ellis@dailyjournal.com for prices.
Direct dial: 213-229-5424

Send a letter to the editor:

Email: letters@dailyjournal.com