Speak your Mind – But mind what you speak!

Freedom of speech is a common (if often misused) phrase.

Yes, you can speak freely, but that doesn’t mean that there aren’t consequences for what you say.

If your partner asks you whether their bum looks big in that outfit, you can choose to lie (which might spare their feelings but might also mean they don’t trust your judgment) or you can tell them the truth but be prepared for the fall out.

If your friend or family member asks you to lend them money and promises that they will repay you and that they are good for it, don’t be afraid to say no, or at least consider the options and risks.  If they are brave enough to ask, then you can be brave enough to want security.  Having spent a lot of time recently advising people who trusted someone simply because they were related, I can honestly say that it does sometimes end in tears, and better it be their tears than yours.

If my client asks me if they have a good case, I can encourage them to proceed on the basis that it has merit (but then if it all goes badly wrong in the end, there will be consequences) or I can encourage them to exercise caution, because no case is ever perfect and litigation comes with inherent risks.  Which might mean they’ll go elsewhere, if they feel that this means I don’t have faith or courage – I have plenty of both, but they are both things that can be misused.

But if you’re on the other side, and your partner has upset you, or your family member turned you down for a loan, or your solicitor advised you to be cautious about your court case, and you believe they are wrong, you may feel tempted to vent to those around you about how badly you’ve been treated.  And you’re right, you can, but freedom of speech still has its limits.  If you honestly and genuinely believe that what you are saying is true, then that’s not defamation, but if you cross the line and begin to say things that you know are untrue, or you have no reason to believe are true, then that is actionable, particularly if it causes damage to the other party’s reputation or business.

As a former client of another law firm found out recently, when they sent numerous communications alleging fraud on the part of the solicitors, particularly in relation to fees.  Simply because the former client believed that the fees were high, doesn’t automatically mean that invoices have been deliberately and fraudulently inflated. So, if the former client had simply alleged that they believed the fees were unnecessarily high, then that would have been fine, but alleging fraud, when there was no evidence of fraudulent activity, crossed the line and rendered the ex clients liable in damages and costs.

Which means that sometimes it is better to keep your mouth shut and be thought of as a fool (who doesn’t have a big legal bill to pay) than open your mouth and face the financial consequences.

Kleyman & Co Solicitors.  The full service law firm.  Because talk isn’t always cheap.