[UT] Can an out-of-state attorney demand removal of an allegedly defamatory social media post?

Lexi, Chatbot

I understand how concerning it can be to receive a demand for removal regarding something you posted online. Can you tell me if you have already responded to the attorney's email or if you are still considering your options?

Lexi, Chatbot

Have you had any previous legal issues related to this matter, or is this the first time you're dealing with a situation like this?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your defamation claim.

Legal Eagle

Hello, I'm an attorney who works in your area of law and I'll help you sort this out today. I've read what you shared so let's go over what's happening and what your best next steps look like. We don't offer legal representation, unfortunately. I can help you with your questions though! You mentioned receiving a demand for removal regarding a post detailing your experience. Is that correct?

Legal Eagle

Ok, thank you so much for including that! Can you forward or paste the full text of the demand email, including the attorney's signature block, stated basis for claiming your post is defamatory, and any threats of a lawsuit or specific consequences if you do not remove the post by May 6?

Legal Eagle

Ok, thanks! I understand! So you're just wondering what it is you can do here, correct?

Legal Eagle

Ok! I've been working on an answer while we've been chatting, so it'll just be a moment.

Legal Eagle

Thank you for chatting with me on this. The short answer is that yes, it is possible for an attorney based and licensed in Ohio to represent a Texas client and send you a demand letter about a social media post, without being licensed in Utah or Texas. You are doing the right thing by not responding yet and by planning to talk with a Utah lawyer so you can decide calmly whether to remove, edit, or maintain your post. The real legal focus for you is whether what you posted is false factual accusations that harmed reputation, or instead true statements and opinions about your own abuse experience, because truth and opinion are protected in Utah defamation law.

That's the short answer. Here is the long answer:

Defamation requires a false statement of fact about another person, communicated to a third party, that harms reputation. Truth is an absolute defense, and Utah courts treat falsity as a required element of a defamation claim. Utah Code Title 45, Chapter 2 (Libel) addresses written defamation, and Utah case law recognizes spoken defamation (slander) as well, requiring that the communication expose the person to public hatred, contempt, or ridicule. Because your post concerns your own experience of abuse, which is a matter of significant public interest, it may also be worth discussing with your attorney whether protections under the Utah Uniform Public Expression Protection Act (UT Code § 78B-25-101-115), Utah's law protecting speech on matters of public concern from meritless legal claims, could apply to your situation.

An out-of-state lawyer can send a demand letter and advise a client regarding online posts that affect them in Texas without being admitted in Utah; they would only need special admission to appear in court in another state. For your post where you describe six years of abuse, the key questions are whether each statement is a provable factual assertion about your ex or a personal narrative and opinion, because statements that are substantially true or pure opinion are generally not actionable under Utah defamation law. A creative approach some people use in your situation is to archive and temporarily hide the post, have a Utah attorney help sort each sentence into "facts I can prove" versus "opinions/feelings," then decide whether to repost as-is or slightly tighten the language so it clearly reads as your personal story rather than as new factual accusations.

Here is what you can do legally, step-by-step:

1. Save copies of your post, the demand email, the email headers, and any related messages with your ex so that you have a complete record of what you said and what their lawyer is claiming is defamatory.
2. Before May 6, work with your Utah lawyer to go line by line through your post and sort each statement into "provable facts," "opinions/feelings," and any specific accusations, then decide whether to keep the post visible, temporarily archive it, or edit a few sentences while still truthfully telling your story. Focus on keeping statements that are substantially true and clearly framed as your own experience.
3. If you feel at risk of retaliation for speaking about abuse, document any threats or harassment and check with local victim support or law enforcement in Utah about safety planning, while you and your Utah attorney decide how you want your story to remain online going forward.

Does that help clarify things? I want to make sure I didn't leave anything out.

Legal Eagle

I hear you! In a Utah case, that Ohio lawyer could only represent your ex at trial by getting special permission to appear in Utah, known as pro hac vice, and teaming up with a Utah-licensed attorney, so they cannot just show up and try the case on their own. You are allowed to look for a lawyer from outside Utah, but for a Utah court case they would still need either a Utah license or pro hac vice admission with Utah local counsel under Rule 14-806 of the Utah Rules of Judicial Administration. For "proof" of truth, courts look at concrete evidence showing your statements are substantially accurate, so things like text messages, contemporaneous statements from friends, and therapist notes made during or near the abuse period can all be powerful support for your side.

Legal Eagle

I hope I was able to help resolve your issue! You can definitely request your lawyer to respond to the attorney on your behalf or guide you on how to respond to the email before May 6th. This is a common practice, and your lawyer will be able to assist you with the best approach. I know it's a lot, but does that help make sense of things a bit more? I want to make sure I didn't leave anything out.

Legal Eagle

For sure! Did I thoroughly address your question? If the answer is no, please let me know so I can help!

Legal Eagle

It sounds like there might be a bit of confusion. If the case goes to trial in Utah, you would need a lawyer who is licensed to practice in Utah to represent you in court. However, if the trial were to take place in Texas, then you would need a Texas-licensed attorney. Since you are in Utah and the issue involves your post, it's likely that any legal proceedings would occur in Utah, where you reside. Therefore, a Utah attorney would be the appropriate choice for representation in court. If the attorney you are consulting with is not licensed in Utah, they can certainly help with the initial response to the demand email, but you would need to find a Utah attorney for any court proceedings. I hope this clears things up! If you have more questions, feel free to ask.

Legal Eagle

Got it! Since nothing has been filed yet, it's a good time to get everything sorted out. If you have any more questions or need further clarification, feel free to ask. I'm here to help!

Legal Eagle

Exactly, it depends on where the accuser decides to file the charges. It could be in Utah, where you reside, or in Texas, where they are. I'm glad I could help clarify things for you. If you have any more questions or need further assistance, feel free to reach out. I'm here to help!

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.