Tag: Defamation

The ethics and defamation concerns attorneys need to think about when holding a press conference

Bottom line: When attorneys hold press conferences regarding their clients’ legal disputes, they need not only be persuasive. They must be ethical and avoid defaming others. When attorneys hold a press conference regarding a client’s legal dispute, they are rightly focused on being persuasive and presenting their client’s story in a way that will help influence… Read More The ethics and defamation concerns attorneys need to think about when holding a press conference

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The defamation trap attorneys walk into when they engage the media—without even realizing it

Bottom line: Attorneys should think twice about sending certain court documents directly to reporters. There is a defamation trap that attorneys fall into on a frequent basis without knowing it. I’m talking about attorneys sending copies of complaints that they’ve filed and signed to reporters. It’s a common practice. Attorneys often do this when they… Read More The defamation trap attorneys walk into when they engage the media—without even realizing it

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Can lawyers be too zealous when advocating for clients?

Bottom line: There is zealous advocacy. And then there is defamation. Lawyers must be cognizant of the fine line that separates the two. “A lawyer must also act with commitment and dedication to the interests of the client and with zeal in advocacy upon the client’s behalf.” — Comment on Rule 1.3 of the American Bar Association’s… Read More Can lawyers be too zealous when advocating for clients?

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Defamation and the Limits of the Litigation Privilege

Bottom Line: The litigation privilege may not protect attorneys’ out-of-court statements against claims of defamation made by adversaries in litigation. An attorneys sits down to type out a statement to the press concerning one of the lawsuits she’s litigating on behalf of a client. As she thinks about the statement, she looks through the complaint… Read More Defamation and the Limits of the Litigation Privilege

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