I have a rental property. An attorney tried to sue me; I paid... Can I claim on my 2008 taxes?

I have a rental property and an attorney and their client attempted to sue me. They claimed my tenant's dog attacked their client. They had no case, but went around & around... I paid the claimant's attorney $3000 of nuisance money to close the claim and so I can move on with my life. Am I able to deduct this on my 2008 taxes?