Lawsuits in general are difficult and can be emotionally draining. Defamation lawsuits are even more so because lies and falsehoods are at issue and personal/business reputations are under attack. It can be enraging really, with the thought being that “… it is unfair, unjust and just plain mean for people to lie and cause me and my business to suffer.” Or, conversely, “… how dare they accuse me of lying!” This is one of many reasons that it is essential to hire an experienced defamation lawyer to prosecute your case or handle your defense. Your dedicated and trusted lawyer will provide a crucial “buffer” between you and those liars or false accusers. Plus, you will have the benefit of their legal advice and counsel about how to obtain justice and/or protect yourself. But, finding the right defamation lawyer can be tough. So, here are five questions that you should ask when hiring a defamation attorney.

1. What is your experience and background in handling defamation cases?

You want an attorney who has experience with defamation cases and a deep understanding of defamation law in the jurisdiction where the case will be filed or has been filed. Defamation law is similar, but there are important differences and nuances in each jurisdiction. Thus, you want to ask about how many defamation cases your potential attorney has handled and in what jurisdictions. You may also want to ask about success stories and even unsuccessful cases. When discussing either type of case, ask why the cases were successful or not successful. The answers you receive will inform you about your case and your potential attorney’s competence.

2. What other types of cases do you handle?

Few attorneys handle defamation cases exclusively. So, it is useful to know what other types of cases your potential attorney handles. This will give you more information about the attorney’s experience, background and depth of legal knowledge.

3. What should I expect with a defamation lawsuit?

Unless you have been through litigation before, you may not understand what to expect with a defamation lawsuit. In other words, it is useful to know something about the process and what will be expected of you in that process. Ask about things like interrogatories, document requests, depositions, attending pre-trial hearings and about the trial. Ask about settlement negotiations, how those are conducted and whether settlement is a possibility. You may not know what those things are, which is why you should ask about them. Learning about the process is also another way of gauging your potential attorney’s experience, background and depth of legal knowledge.

4. What are the strengths and weaknesses of my case?

You want to hire a defamation lawyer that will give you an honest legal assessment of your case; not a lawyer that just wants a fee-generating case. Thus, it is important to give your potential lawyer the important details of your case. Then, ask for an assessment of the strengths and weaknesses of your case. No case is a “slam dunk” and you do NOT want to just ask “will I win?” If your potential attorney is able to talk about the strengths and weaknesses of your case, you will gain a better understanding of whether “you will win” and also learn about how knowledgeable and competent your potential lawyer will be.

5. What about court fees, legal fees, costs and expenses?

Finally, you need to know what to expect in terms of financial costs. These involve court fees, legal fees, costs and expenses. What does your potential lawyer charge by the hour? What costs will be “passed through” to you with an expectation that you will pay those costs. Can fees and costs be recovered from the case if you win? What about other costs like deposition and transcription fees?

Contact Revision Legal

If you are facing a defamation lawsuit or want to begin defamation litigation, contact the trusted defamation and internet lawyers at Revision Legal at 231-714-0100.

Why Defamation Cases Are Legally Distinct

Defamation law sits at the intersection of First Amendment freedoms and the right to protect one’s reputation. The applicable legal standard depends critically on whether the plaintiff is a private individual or a public figure, and whether the speech involves a matter of public concern. These distinctions trace to New York Times Co. v. Sullivan, 376 U.S. 254 (1964), where the Supreme Court established the “actual malice” standard for public officials: knowledge of falsity or reckless disregard for the truth. This standard was extended to public figures in Curtis Publishing Co. v. Butts, 388 U.S. 130 (1967), and private individuals suing over matters of public concern retain a heightened negligence standard under Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974).

The practical consequence: any defamation attorney you hire must analyze the case through both a factual lens (was the statement false?) and a constitutional lens (what standard of fault applies?). Misidentifying the applicable standard at the outset is a mistake that cannot easily be corrected later.

Additional Questions Worth Asking

6. How do you handle online defamation and anonymous defendants?

Online defamation—false reviews, social media posts, forum comments—presents unique procedural challenges. Identifying anonymous defendants often requires John Doe litigation and subpoenas to platform operators like Google, Yelp, or Reddit. Courts apply different standards for compelling disclosure; the influential Dendrite International v. Doe, 775 A.2d 756 (N.J. App. 2001) standard requires a plaintiff to make a threshold showing of the claim’s merit before a defendant’s identity is unmasked. Your attorney must understand both the federal and state procedural requirements for this process.

7. Are you familiar with anti-SLAPP statutes in the relevant jurisdiction?

Many states have enacted anti-SLAPP (Strategic Lawsuit Against Public Participation) statutes that allow defendants to seek early dismissal of claims arising from protected speech. California’s anti-SLAPP law (Code Civ. Proc. § 425.16) and Texas’s TCPA (Tex. Civ. Prac. & Rem. Code § 27.001 et seq.) are among the most powerful, awarding attorney’s fees to prevailing defendants and staying discovery pending resolution of the anti-SLAPP motion. If you are a plaintiff, you need counsel who can assess and address anti-SLAPP risk before filing. If you are a defendant, you need counsel who can move promptly—anti-SLAPP statutes often impose strict timing requirements.

8. What damages are actually recoverable?

Damages in defamation cases include general damages (compensation for reputational harm), special damages (specifically quantified economic losses like lost clients or contract opportunities), and punitive damages in cases of actual malice. In defamation per se cases—where the statement is defamatory on its face, such as falsely accusing someone of a crime—many courts presume general damages without proof of specific harm. Understanding the damages framework helps set realistic expectations and informs whether the potential recovery justifies the costs and emotional weight of litigation.

The Discovery Dynamics in Defamation Litigation

Discovery in defamation cases is often particularly contentious because defendants assert First Amendment and reporter’s privilege protections to resist disclosure of sources, editorial processes, and internal communications. Most states recognize a reporter’s privilege through common law, shield statutes, or both, protecting journalists from compelled disclosure of confidential sources. Navigating these privilege issues—and the competing discovery interests—requires specific familiarity with the applicable privilege law, which varies substantially by jurisdiction.

Contact Revision Legal

If you have questions about the issues discussed in this article, contact the experienced attorneys at Revision Legal. We handle intellectual property, internet law, and business law matters for clients across the country. Contact us online or call us at 1-855-RL-LEGAL.