Title: How To Avoid Defamatory Letters Summary: Critics of our legal system have pointed out a difference of what

is legal and what is ethical. Do you think it is ethical to say something abusive about another person, even if you could do legally?Body:

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Respond Our Of Anger

Out of anger you may be tempted to respond to something particularly outrageous by calling the person responsible a crook or an incompetent swindler. Please, do not or you could be sued for defamation. By technical terms it is a false statement used to damage someones character. Written defamation is called libel and spoken defamation is called slander. By this definition someone suing for defamation would have to prove that (1) the statement is false, (2) the language is injurious to the persons reputation, and (3) the statement has been published. Falsehood Versus Truth The issue of falsehood versus truth is the basis for defending against charges of defamation. If you can prove that your accusations are true, then you have not defamed the person. And the courts will give you the benefit of the doubt, because our society believes ordinary business communications like letters, Internet Email, Cellphone Text, etc. should not be hampered by fears of lawsuits. Thus many messages within a company and with outsiders as well may carry uncomplimentary statements if the information is believed to be true and if it is communicated in good faith. Beware the irate letter intended to let off steam, however: if the message has no business purpose and is expressed in abusive language of malice, you will lose the case. Terms Ruled Out Of Bounds In attempting to define defamatory language, the courts have ruled a number of terms out of bounds. Among them are any words that could injure a persons trade, business, or occupation (such as quack, shyster, cheat); any that accuses a crime for which a person has not been convicted (blackmailer, thief, racketeer); and any misleadingly attribute a despicable disease (leprosy, syphilis). Among the many other terms that have been judged defamatory in the absent of fact are bankrupt, liar, drug, addict, Communist, and deadbeat. Legally, you could call some names like these face-to-face and not be guilty of defamation. If no third party has witnessed the communication, you could not possibility have damaged the persons reputation. However, once you put something in writing, you are in potential trouble, because someone else could see the document. Marking a letter Personal or Confidential and sealing it in an opaque

envelope might help. However, a recipient can show the letter was opened by a secretary or seen by others as proof of publication. And you could be guilty of defamation.

To avoid these simple legal traps try to follow some simple rules: .Avoid using any kind of abusive language or terms considered defamatory. .If you wish to express your personal opinion about a sensitive matter do so on your own stationary, not on company letterhead, and do not include your job title. Take responsibility for your own actions without involving your company. .In all your messages provide accurate information and stick to the facts. .Never let anger or malice motives your messages. .Consult your companys legal department whenever you think a message might have legal consequences. .Always make sure what you are saying is what you believe to be true. Keep these guidelines in mind whenever you are faced with the need to provide negative information about a person.