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Accusing one of committing a criminal offense that such person did not commit is defamation

March 2, 2023
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A woman said that a lawyer forged a check, even though this was not true and she signed the check herself.

The Court accepted the claim and held that the accusation of committing a criminal offense constitutes defamation that deserves compensation. Defamation is, inter alia, a publication that may humiliate a person in the eyes of others or demean the person due to acts, behavior or traits attributed to him or which may damage its business or profession. The lawyer deposited a check given to her by the woman, after she represented her husband in a legal process. After depositing the check, the woman arrived at the lawyer's office and in a conversation with other lawyers from her office stated that the lawyer forged the check, although this was not the case. Forgery of a negotiable instrument is a criminal offense that attributes the lawyer a fraudulent act. This is defamation because the words were said to others and were attributed to the lawyer who practice the law in a position that reliability and compliance with the provisions of the law are important.