18 January 2016
 Categories: Law, Blog

If you're a freelancer, your professional reputation is your lifeline–without your good reputation, your business contacts could dry up and you could miss out on important opportunities all because there's a black cloud of gossip hanging over your head. What do you do, then, if you find out that a former client is saying some troubling and untrue things about you?

Understand the difference between opinions and defamation.

An important thing that has to be examined is whether or not your former client's statements amount to defamation. In order to be defamatory, the statements have to

• be material,

• be untrue,

• be a statement of fact, not opinion,

• and be made to a third party.

If your former client gave out a negative opinion about your professional skills in direct response to one of another prospective client's questions, you may not be able to do much about it–unless you are being accused of something illegal that you didn't do.

For example, if someone who is thinking of hiring you in order to help them design their brand contacts someone else that's worked with you in the past, and the contact calls you a jerk and says that they hated your work, that's not defamation. Calling you names doesn't rise to the level of defamation. His or her opinion of your skills may be based on unreasonable expectations but it's merely an opinion. On the other hand, if he or she says that you are dishonest and cheated them, that's a statement of fact that–if not supported by evidence–could rise to the level of defamation.

Take some steps to resolve the situation.

Once you've determined that you think the statements rise to the level of defamation, how do you handle it? There are several steps you can take to try to resolve the situation:

1. Get as many facts together about the situation as you can. Write down what was said, who said it, and any other facts that you know. Since word of what was being said got back to you, the odds are good that you know at least one person (the person who told you about it) whom you can use as a witness.

2. Make some inquiries. A few discreet inquiries to regular clients may reveal more defamation than you realized was going on. Other clients may have been hesitant to say anything to you before but will admit to hearing the same stories when asked.

3. Consider contacting the former client that's defaming you. This is a purely personal choice, but it may resolve the issue. If your primary concern is stopping the defamation, you may be able to do so with a carefully worded letter. Avoid direct accusations (so that you don't end up defaming your former client). Instead, phrase things broadly. Say, "I was told that you said," or "It's come to my attention that you may have said," followed by whatever you've heard. Ask if it is true but be polite and see if you get a response.

One thing you do not want to do is mention monetary compensation for any financial losses you may have suffered as a result of the defamation. If you decide that you need to take that step later, allow an attorney to do it for you. If you try to do it yourself, it could be viewed as an attempt at extortion.

Once you get a response (or don't), you can decide if you want to take the issue to your attorney, such as Butts, Schneider & Butts LLP, and proceed with a lawsuit.