VIC Strange defamation letter from solicitor

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Brenda G

Member
1 June 2019
1
0
1
My husband and I received a letter by email as an attachment from a solicitor where we are accused of defamation based on something malicious we supposedly said to somebody about somebody at an approximate date. The arguments are full of holes, but that aside, it was so badly written, we actually thought it was a joke. Then, it is signed by hand, but instead of the lawyer's name, it is signed using the law company's name in signature form (stylised with curls and all) as though it were a name. His name does appear on the actual email (no signature). Why would he not sign and his name on the actual concerns notice? Is this normal?
 

Alert

Well-Known Member
7 June 2019
243
18
654
My husband and I received a letter by email as an attachment from a solicitor where we are accused of defamation based on something malicious we supposedly said to somebody about somebody at an approximate date. The arguments are full of holes, but that aside, it was so badly written, we actually thought it was a joke. Then, it is signed by hand, but instead of the lawyer's name, it is signed using the law company's name in signature form (stylised with curls and all) as though it were a name. His name does appear on the actual email (no signature). Why would he not sign and his name on the actual concerns notice? Is this normal?
That does sound kind of odd, as the letter you described is alleging defamation, unless the company signs on his behalf, even then I would have to question this, it does sound odd.
It is not a letter for an account etc, the Accounts Department sign them, so that I wouldn’t find odd.
I get the impression you don’t know the solicitor/company, if you did this letter you received would be emailed to you via your solicitor if you are involved in a case and have your own solicitor. How does the solicitor/company have your email address??
When you read the letter you said it sounds like a joke, maybe someone is joking with you?? If a solicitor wrote the letter I doubt very much you would think it was a joke.
I have never had anyone sign a document on behalf of my solicitor. Mmmmmmm
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
Sounds fake to me. Check out the domain of the email address it was sent from.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
As there is some doubt, and also consequences if you get it wrong, you should call the solicitor's phone number to confirm if the letter is real.

If the other party is seeking a remedy then you only have 28 days in which to reply and make an 'offer to make amends'.

If you are not sure about what to do, you can contact me for some advice.

Some defamation letters are just a warning, some are serious. Hard to know what the go is without background and reading the letter. I know of one person who ignored letters on the 'advice' of their friends and found themselves having to defend an action in the Supreme Court of Vic. Likely to cost them $100K in legal fees. Even a win at court is likely to see them out of pocket a quite few thousands.
 
  • Like
Reactions: Alert