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tariq khan (advocate)     05 August 2009

defamation by Advocate

If an advocate sends a demand letter on behalf of his client and copies that said demand letter to the wife/lover ( who has no interest in what is being demanded) of the person from whom the demand is being made , can i sue the advocate and the person who instructed the advocate for defamation?

 



Learning

 2 Replies

Dharmesh Manjeshwar (Advocate/Lawyer)     06 August 2009

I don't think so ...... how is this person's reputation harmed who has been copied by the advocate in the demand notice ..... U definitely cannot touch the advocate as well as the client who has instructed him

1 Like

tariq khan (advocate)     06 August 2009

well the situation i am faced is a practical one. my client has been sent with a demand letter, however the advocate has copied the same to my clients wife! she is not a partner or co director/shareholder to my clients business.

 

is that not publication? also, advocates do have privileges but is it not qualified? can the wife be said to be an interested party? can the advocate plead justification?

 

maybe the question is now clearer

 

thank you for your answer


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