What Defamation Lawyers Brisbane Can Do in a Defamation Case

Slander or libel defamation is a false statement with no factual basis. Yet, defamation whether in spoken or written form can damage a person’s reputation. When an individual in Brisbane suffers from defamation, hiring defamation lawyers Brisbane offers a way to salvage his/her reputation.

Yet, how much will defamation lawyers Brisbane cost?

For Plaintiffs

Typically, plaintiffs in Brisbane are the ones represented by defamation lawyers. A contingency fee agreement is in place when a defamation lawyer represents a plaintiff.

What does a contingency fee agreement mean? This means that your lawyer will get a percentage of the net recovery when the judgment is in your favour either in a defamation lawsuit trial or defamation settlement.

Around 25% to 40% is generally the percentage a lawyer asks for in a defamation case. However, the resolution of the case often determines the percentage fee. For instance, a 25% fee is charged by the lawyer if the case is settled amicably before a lawsuit is filed. 33% fee is charged when the case is settled amicably before trial, and 40% if the case has to go on trial.

For Defendants

An hourly rate is charged by a lawyer when you are the defendant in a defamation suit. During the interim of the case, the lawyer will be sending you a monthly itemised bill. The itemised bill will show a list of incurred expenses and the number of hours she/he has worked on your case.

The lawyer is likely to request an advanced fee or retainer in addition to the monthly itemised bill.

How Much Would a Defamation Case cost?

Litigation costs will not be shouldered by a plaintiff in a defamation case. Being fact-driven makes defamation cases very expensive. Building evidence through interrogations, investigations, and depositions means costs money and time.

Actual damages that need to be proved by the plaintiff in a defamation case include sufferings related to his/her trade, occupation/profession, and property. Additionally, the expenses incurred by the plaintiff resulting from the defamatory statements have to be included in the actual damages.

The exact monetary compensation to cover the harm done to a person’s reputation can be difficult to determine. An expert witness is usually hired to testify on behalf of the plaintiff. An expert witness costs money and it is the plaintiff’s lawyer who shoulders the expenses.

All the expenses incurred during the trial will be reimbursed to the lawyer if the settlement is in favour of the plaintiff.

What is Discovery?

Discovery is the next step for the plaintiff to do after the complaint has been filed in court and the defendant has been served. It is during discovery when lawyers from both sides exchange information.

Some of the areas during discovery that a lawyer can be particularly helpful include:

  • Deposition taking (this involves under-oath question-and-answer sessions)
  • Interrogatories involve questions the defendant, under oath, must answer in writing
  • Figure out the records needed to get from the defendant

Defamation Case Settlement

Defamation cases, like most civil lawsuits, are settled out of court. The settlement usually happens before going to trial. Settlement negotiations between the plaintiff and defendant have their lawyers present.

Arbitration and mediation are dispute resolutions that can bring a settlement between parties. A persuasive demand letter could usually make a defendant agree to an out-of-court settlement.

Reach out to Victor Legal if you need the guidance and assistance of expert defamation attorneys serving Brisbane.