Consumer Law, Warranties Attn: Dee_dub: need advice about defamation by ex-client re contract dispute

[Sara007]

My jurisdiction is: Washington, D.C.

My jurisdiction is: District of Columbia

Dee_dub, I would appreciate your advice about this. Anyone else who is familiar with my previous posts (threads of 7-21 re: release of claims and 7-31 re: implications of terminated contract/lack of refund clause, which provide the background for the situation), is also welcome to comment. Thanks in advance.

The saga continues. Today I received an e-mail from a 3rd party (a principal in a website who I was registered with and who is in a position to refer clients to me) stating that my ex-client (the one I have the dispute with) informed him that I contracted for work and didn't complete it. He asked for my side of the story, and I provided him with barebones details, making it clear to him that the ex-client didn't contact me through his website (and provided proof in addition to his own company's records), so therefore he and his company have nothing to do with the matter. The 3rd party was satisfied with my response and emphasized that he was only making sure that the work had not been contracted as a result of my association with his website.

But now I have the impression that the ex-client is attempting to damage my reputation by googling my name and contacting anyone who is professionally associated with me. That is how I assume he got the name of the third party party mentioned above and decided to contact him and his company.

Clearly, I'm dealing with someone who's unreasonable. As you know, I offered a partial refund contingent on the ex-client's signature and acceptance of a release of claims within a week. The time frame has passed, and there has been no word from the ex-client. It seems that he has initiated a smear campaign against me, and I'm thinking about sending an e-mail or letter (the problem is that I don't have the ex-client's current addressed as he recently moved and is out of the country) regarding the consequences of further attempts to damage my reputation/defamation. I realize that one option is to do nothing and I'm not looking to escalate the matter. However, I also feel strongly about protecting my reputation. What do you advise in this regard?

Thanks very much for your help and advice.

 

[dee_dub]

This is a tough call. Step one is find the guy - if you can't do that you can't do anything. What to do if you find him as a touchy matter. Some people react badly to what they perceive to be idle threats - what could you, in one country, do to him in another?

I would suggest you try to find out from your other clients whether he has indeed contacted them. If he's not badmouthing you, there's no problem.

If he IS, I would suggest you attempt some sort of settlement with him which includes a confidentiality agreement.

 

[Sara007]

Thanks, dee_dub. All previous communication has been via e-mail. I do have a recent address in the U.S. for this person and have reason to believe he plans to return from abroad in the next 3-6 months (I'm not sure if it will be to the previous address, but I would imagine there is some kind of forwarding of mail arrangement in place).

My intention isn't to threaten the ex-client, but rather to make him aware that: (1) I know what he did regarding his badmouthing me to one of my business associates and his attempt to create a problem, which may have resulted in damage to my reputation and (2) I am prepared to use whatever means necessary, including legal to protect my professional reputation (I know that sounds like a threat, but what else can I say? I recently gave this person the opportunity to settle and receive a partial refund, and in my thinking, his lack of acceptance and ignoring of this offer shows that he isn't rational or reasonable.)

As for him contacting my other clients, I don't see how he can get the names & contact information easily. Still the recent incident alone is troubling. The e-mail I received from the business associate implied that I had done something wrong and that not only should I refund money to the ex-client, but also that I would be on the hook for a commission free to the business associate (it was obvious to me that the ex-client implied to the business associate that I had skirted the rules in my business relationship with the business associate and that I was in the wrong with both parties). As I said, I cleared up the essential issues with the business associate, but still have he impression that my reputation has been adversely affected.

Last but not last, re: the settlement w/ a confidentiality agreement, that is exactly what I attempted recently with the partial refund and release of claims document, an offer he didn't respond to within the time frame I proposed. Actually, my guess is that precisely because there was a confidentiality clause in the release of claims/settlement document, he is now trying to damage my reputation. So,do you see where I'm coming from? Do you think it is worth sending a brief e-mail to the ex-client stating that I'm aware of his recent actions and that I intend to protect my professional reputation from any attempt to damage it by defamatory statements, claims, etc? Otherwise, I can just do nothing. I don't think it's worth attempting another settlement (release of claims & partial refund) so soon. i would like to get rid of this situation, but think I've gone as far as I can. Not sure when or if it will be worth attempting to settle (with the same terms) again.

Please let me know what you think. Thanks so much!