It's only pre-action at the moment, so there's a chance to still avoid full on action.
I'm well aware of how real and serious this is though. That it could bankrupt me if only the slightest thing goes wrong (for me).
This is when being a bootstrapped sole founder is no fun... there is no safety net, nothing to catch you. I can't even afford representation, so I'm representing myself (nightmare!). I'm spending more time reading and researching rather than coding.
What I've learned most of all, is that right and wrong don't really matter.
If it's going to go to court, if it involves a jury (the action I'm involved in definitely would)... then all bets are off.
And all the while life goes on hold and projects are put on pause.
From the outside everyone has their views and express them frequently. This is all detached and partisan though, the reality is that it really can bankrupt you, or takeaway your future, or drain your current assets and reserves. It demands being treated with respect even if you believe your position is sound and the case unfounded.
The hardest bit, as you rightly say, is the gut wrenching fear and stress. The way it affects your sleep. The way it's hard to work or relax because your thoughts are always on the legal action. It affects everything.
Legal Aid is available for a very limited few (the most needy - which I actually would've met the criteria for being on a Ramen wage) and only in certain circumstances. The action against me includes a claim of defamation and this precludes Legal Aid.
Pro bono is available, but generally comes with many restrictions. Example: Must live within this catchment area, or be a woman victim of abuse, etc.
Where pro bono isn't restricted I've found that the lawyers are over-loaded and unable to take on any more. I've contacted a number of lawyers, and with the kindest apologies they've had to decline but then recommend someone else. The recommendations have formed a large circular loop, I've tried them all.
There are legal clinics. Attending a CAB (Citizens Advice Bureau) will generally see you referred to one. By and large these are operated by local small solicitor firms. Some legal clinics are much better funded and organised.
I attended SWLAC (South Westminster Legal Advice Clinic). Which is sole-funded by a barrister who wishes to remain anonymous. Largely these clinics deal with housing issues and fairly simplistic cases for the most vulnerable. So when I presented my case to them for advice (how to respond, interpreting the law and whether I'd got it right), they were quite challenged by it. For an hour on a Tuesday evening it's perhaps beyond their scope though they did their best.
Home insurance policies sometimes include Legal Defence cover. So I tried mine, which does have that cover. However I found that this cover is only available for a limited range of actions against you, and again does not cover anything that includes defamation.
The action against me purposefully conflates 2 things together... my role as the operator of a web site, and my role as a user of my own service. The claimant has attempted to argue that my use of my own service somehow removes the defences afforded to the operator of a site and would make me liable for the statements made by others on the site. The third party comments being the ones which are claimed to be defamatory.
There is more to it than this (but not much more), but as it may go to action I limit what I will say publicly.
It's only pre-action at the moment, so there's a chance to still avoid full on action.
I'm well aware of how real and serious this is though. That it could bankrupt me if only the slightest thing goes wrong (for me).
This is when being a bootstrapped sole founder is no fun... there is no safety net, nothing to catch you. I can't even afford representation, so I'm representing myself (nightmare!). I'm spending more time reading and researching rather than coding.
What I've learned most of all, is that right and wrong don't really matter.
If it's going to go to court, if it involves a jury (the action I'm involved in definitely would)... then all bets are off.
And all the while life goes on hold and projects are put on pause.
From the outside everyone has their views and express them frequently. This is all detached and partisan though, the reality is that it really can bankrupt you, or takeaway your future, or drain your current assets and reserves. It demands being treated with respect even if you believe your position is sound and the case unfounded.
The hardest bit, as you rightly say, is the gut wrenching fear and stress. The way it affects your sleep. The way it's hard to work or relax because your thoughts are always on the legal action. It affects everything.