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Paul Sternberg of Houston Explains How a Cease and Desist Letter Can Impact Defamation Cases
Over the years, attorney Paul Sternberg of Houston, TX has helped many victims of defamatory attacks overcome damages to their reputation and arrive at long-term resolutions. Often, this means the removal of defamatory comments from online as well as further compensation in certain cases. When dealing with slander, or in its written form, libel, legal counsel will help determine if elements such as a cease and desist letter will be beneficial or burdensome to a case.
“There’s a lot more to a cease and desist letter than most people understand,” says Paul Sternberg. “Sometimes it’s a valuable tool for resolving or expediting a case, and sometimes it can actually hurt a client’s reputation further. This is why qualified legal counsel is always advised.”
Paul Sternberg points out that in many scenarios, the cease and desist letter is a first step towards resolution that may have a largely positive result. In it, clients and supporting legal teams detail the offense made and outline the means for a quick resolution. This will likely include the removal of all online instances where the defamatory comment appears (forums, comment sections, social media, etc.) as well as any associated compensation that is deemed appropriate by the victim and their legal team.
Defamation lawsuits will certainly require the attacker to fill out a lot of paperwork, hire a legal counsel of their own, appear in court to defend their case, and dedicate large amounts of their free time. The trial will require court fees in addition to any compensation requested by the victim. What’s more, appearing in court may harm the attacker’s reputation in unanticipated ways (if they run a personal business, for instance).
In short, the cease and desist letter may deter attackers from pursuing a legal battle and instead encourage them to agree to terms outside of court. This is the best-case scenario. In other, rarer instances, however, a cease and desist letter may bring unwanted attention to a defamation case.
“Some clients want their cases to be kept quiet and out of the public eye, which is why many of them turn to cease and desist letters in the first place,” says Paul Sternberg of Houston. “But the letter itself has the chance of being publicized once it’s sent out.”
He notes that a sent letter is out of the author’s hands, and whoever receives it may choose to broadcast it or publicize it to their advantage (or the victim’s disadvantage). The letter ultimately has the potential of drawing attention to a case that was intended to be resolved quietly.
Cease and desist letters may have major benefits in a defamation case, helping clients avoid an expensive and burdensome courtroom process. They can also cause trouble for certain clients, inviting unwanted attention. Before penning a cease and desist letter, Paul Sternberg advises all victims of defamatory attacks to seek out the advice of qualified legal counsel to determine how it will help or hinder their case.
THIS ARTICLE SHOULD NOT BE RELIED UPON AS LEGAL ADVICE.
Attorney Paul Sternberg, of Houston, Texas, states and declares that the above text is not offered as legal advice, but is provided as general information. The information contained within may not be suitable for all individuals or situations. No attorney-client relationship is created or implied by the provision of this information, nor does the aforementioned make any warranties, whether expressed or implied, of any kind. To discuss a particular situation in more detail, please contact attorney Paul Sternberg for a consultation by calling 713-392-4322.