Full question:
We want to file a grievance against an assistant district attorney for defamation of character and blatant lying and theatrics utilized in a case in which he served as prosecuting attorney. He went as far as calling me a forger and liar and anybody with our last name being nothing but complete liars and full of crap. We want to file a complaint because it cost us a lot, mainly 3 very important people in our family with one being a defenseless 11 month old. Our son and daughter-in-law were found guilty but, to slander the name of people he doesn't know is a little extreme, illegal, and very prejudicial. People like him are why others refuse to turn to the justice system for help or even as witness to help with causes and cases. Had he not used the theatrical suggestions and scenes, I believe our son and his wife would be free to raise their children as they need to be. Right now the child in question is in the hands of the biological mother and her boyfriend/husband who admitted spanking or beating them with a belt.
- Category: Civil Actions
- Subcategory: Defamation
- Date:
- State: Texas
Answer:
Defamation involves communication that harms someone’s reputation, leading to shame or contempt. It can be categorized as libel (written) or slander (spoken). To prove defamation, you must demonstrate:
- A false statement about your reputation or integrity was made.
- The statement was communicated to a third party.
- You suffered damages due to the statement.
Slander refers specifically to false oral statements that damage a person's reputation. However, some statements made in court are considered absolutely privileged, meaning they cannot lead to a defamation lawsuit, even if they are false.
You might consider filing a grievance with the Texas Bar Association if you believe the assistant district attorney violated ethical standards. The grievance system is designed to protect the public from unethical lawyers. Attorneys must adhere to the Texas Disciplinary Rules of Professional Conduct, and violations can lead to disciplinary action.
Keep in mind that not all disagreements with an attorney constitute professional misconduct. The State Bar’s Grievance Information helpline () can help you determine if the conduct should be reported and if other resources may be useful.
Remember, the grievance system cannot:
- Award damages
- Force an attorney to act on a case
- Provide you with another attorney
- Offer legal advice
- Resolve fee disputes
- Change decisions in civil or criminal matters
These issues must be addressed in a different forum, separate from the State Bar's grievance system.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.