Page 54 - The Circle of Life
P. 54
be statements relating to judicial proceedings. Note however if you publish with
ulterior motives this defense will not stand in law.
Secondly, the defense of truth and public benefit which is tricky for even the
truth may be defamatory when not of public benefit and all material allegations
must be substantially true except where crime or dishonesty is alleged where it
must be the truth because it is so serious to a man's reputation. The public must
also gain some advantage and true information on public figures will always be
an excellent defense unless it rakes up to the past for a man can be reformed
and should not be judged forever.
The comments must be fair and falls under your right to freedom of speech. It is
an objective test to see if it is an opinion or a statement of fact (when it must be
correct). It must be without malice and relevant without improper motives and
of public interest which is a very wide principal in law.
I know the above is confusing and I am sure you have many questions. As we go
along we will discuss it in more detail and hopefully reach better understanding.
Firing your lawyers
The question arises what happens when you don't get along with your lawyer or
you feel you don't trust him anymore. What do you do then for everyone has a
horror story of lawyers turning on them and so forth which I can tell you is
nonsense and a myth! Lawyers are even more bound to the law than other
people and the privilege between you is only lifted if you agree to it being lifted.
Not by getting rid of him or if we wish to be more direct, firing him.
This is a painful subject for me but you need to understand that if you are not
happy with your lawyer you may fire him and in fact should for it is your life and
the two of you better understand each other in any case and not only with
divorces or antenuptial. We used to say to clients: "I will always walk out of the
court. Whether you will on the other hand is an entirely different matter" and it
is very true. It is you who are in trouble or have a problem.
You need to take care of number one though. Charity starts at home. If you
cannot work together make an end and do so in a professional way. There is no
53