Defamation Lawyer Albany, NY

Defamation Lawyer Albany, NY

We at the law offices of  The Smelyansky Law Firm have worked hard to build, and maintain our great reputation among our social and professional community. Warren Buffet said once “It takes 20 years to build a reputation and five minutes to ruin it if you think that you’ll do things differently.” We are proud of everything we have built and continue to do so. We take pride in protecting your personal and business reputation from defamation and slander coming from multiple channels, caused by those motivated by negative intentions.

Defamation tends to become a complex issue, which requires a large area of legal knowledge to be covered thoroughly. The issues concerning employment, education, social media, constitutional rights and Internet…all these things can affect how your case plays out. Lawyers must gather strong evidence to prove the following elements that are: the statement was written, the third party publication used, the falsity of the statement and the damages of the publication of the false statement. Keep in mind the difference between the types of defamation, The only real difference that is the channel or mediums used to publish the negative statements.

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Slander is the strategy of malicious vilifying of false statements about an individual. Liberal is considered to be more destructive than slander. We at The Smelyansky Law Firm go after the negative source of the remarks targeting your reputation and demand compensation for damages.

The most important defense to an action for defamation is “Truth”, which is an absolute defense to an action for defamation.

Privilege as Defense:

“Privilege” serves as a defense towards defamation. Someone with powerful authority such as a Lawyer, legislators on the floor, witnesses in court, or judges sitting on the bench can’t be accused of defamation no matter how outrageous you believe the statement they make is.


Opinion as Defense

“Opinion” is another defense that can be used if a person has an opinion/statement as opposed to a fact the statement will not support an act of defamation. It depends on the context whether a statement is viewed as an expression of facts, also whether or not the person stating the opinion is in a position in the community to know whether or not it is true. An example is if your cousin calls you a pathological liar, it is less regarded as opinion than if such a statement is made by somebody you met on the bus recently. Some distinction between fact and opinion have been eliminated and have said that any statement that suggest a disputed comment is said with factual intent can support an action of defamation.

Fair Comment as Defense

Fair Comment on a matter of public intent is similar to the defense of an opinion. If the Senator is involved in an adultery scandal and you say that you believe its true, then you are not in danger of defamation.

As a matter of fact as a defendant, one tactic is you painting a picture of the plaintiff as someone that had a poor reputation in the community. This is effective in diminishing any claims for damage coming from defamatory statements.

An uncommon defense is that the plaintiff consents the statements that were made, alleviating them of non-approval and voiding their case.

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If you or a loved one has been accused of Defamation or Slander in the Albany area, our office is here to help. Call the office or contact us today for a free and confidential consultation of your case, we can answer any questions involving Defamation of Charter, and if you wish, we can move forward with you. We promise to provide a zealous and aggressive representation of your case and get your reputation back on track.