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Unfortunately, this allows lawyers to bully people who think cease and desist orders are official court documents. Bloggers on the Internet are particularly susceptible to this. An outspoken blogger publishing negative things about wealthy or prominent people stands a great risk of getting cease and desisted. This is true even when the things being published are completely true and verifiable. Many attorneys will send you the order anyway, figuring that you won't waste the time or money fighting it. This is becoming a widespread problem, as Wikipedia notes:

It will also be tough to win a defamation case against you if the person you published something about is a "public figure." Very simply, a public figure is someone who has attracted notoriety, controversy, or media attention to the point where he is more prominent than a typical private citizen. Someone who fits this description has almost no chance of beating you on defamation charges. According to ExpertLaw.com, even "people accused of high profile crimes may be unable to pursue actions for defamation even after their innocence is established, on the basis that the notoriety associated with the case and the accusations against them turned them into involuntary public figures."

So what should you do if you receive a cease and desist order? It's your call, but don't be too quick to give in. To actually sue you and win a defamation case (which is what most cease and desist orders threaten to do), the attorney will have to do several things that are difficult or impossible when you are telling the truth.

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Fred Jones

findlaw

"Civil liberties and free speech groups have criticized cease-and-desist letters, pointing out that the letters may be used by wealthy individuals and organizations to silence opponents who are unable or unwilling to engage in an expensive lawsuit, and thus prefer to comply with a cease-and-desist letter (even if it is unjustified)."

Finally, you should know that truth is an absolute defense against defamation charges in the United States. This was mentioned earlier, but cannot be stressed enough. If what you said is true, and you can prove it, it will be very difficult for an attorney to make good on the threats made in a cease and desist order.

Sadly, most people are not legally minded and will simply obey any cease and desist order they get out of fear. But now you know - if you're being bullied or harassed by attorneys in spite of making completely truthful statements, don't back down!

By: Fred Jones

If you're a blogger, journalist, or outspoken citizen voicing controversial opinions, you might have received a cease and desist order demanding that you stop. This might worry you, as it worries most people who get threatening documents from attorneys. The order may claim that you are making "false and defamatory statements" and that legal action will follow if you don't stop. But scary as that may seem a cease and desist letter is not necessarily the end of the world. You may have more power than you think. First, you should understand what a cease and desist order is and is not.

Despite the word "order", a cease and desist lawyers in austin texas order is NOT a court order. It did not come from a judge, nor did it come from any court or government agency. (That would be called an injunction.) It is simply, as Wikipedia states, an "order or request to halt an activity, or else face legal action." A private person paid an attorney to write up the order and mail it to you. Furthermore, anyone can send anyone a cease and desist order about anything. Someone could pay an attorney to draft a cease and desist order demanding that you stop wearing the color red on Friday. (There have probably been even more ridiculous real-life examples than that.)

First, the attorney has to prove what you said is false. This in and of itself will be difficult if what you said is true. But beyond that, the attorney must also prove that you said it with actual malice. As the reputed attorney Ivan Hoffman states," actual malice generally refers to statements made with knowledge of their falsity or in reckless disregard for whether they were false or not." In other words, it must be proven that you knew what you were saying was false. Obviously, if what you are saying is true, this dwi lawyer austin cannot be done and he cannot win his case. His case will be even weaker if you have solid research and sources to support your statements.