An Intake Checklist for Counsel
1. Preserve the Evidence
Have the client take full screenshots with visible URLs and timestamps, and save the page source where possible. See the screenshot guide for specifics to relay.
2. Start the Timeline
Have the client begin a dated journal entry now, even a brief one. Detail can be added later, but the date needs to be accurate from the start.
3. Instruct Against Public Engagement
Advise the client not to comment on, reply to, or confront the poster before the content has been fully documented — engagement can prompt deletion or editing.
4. Identify Potential Witnesses
Have the client note colleagues, customers, or contacts who may have seen the content, in case their awareness becomes relevant later.
5. Check for Related Content
Search for the same claims elsewhere — defamatory content is often posted or reposted across more than one platform, which affects both scope and strategy.
6. Assess Identification Feasibility Early
If the poster is anonymous, get an early technical read on whether identification is realistic before committing significant resources to a subpoena strategy.
After the First 48 Hours
Once the immediate evidence is preserved, the right next step depends on the matter: formal engagement of an expert witness if litigation is likely, early evaluation of identification feasibility if the poster is anonymous, or coordinating reputation cleanup work through Hartzer Consulting if limiting ongoing damage is the immediate priority alongside the legal strategy.