Litigation Communication Strategy, Part I: Overcoming the Fascination and the Frustration of Working With Attorneys (Jim Lukaszewski's Strategy Newsletter)

Attorneys and their clients have discovered public relations in a much bigger way in recent years. Some of the reasons for this newfound interest are: Increasing lawyer-driven exposure of what used to be considered minor or highly technical legal events by the media. The role of the lawyer in the legal and non-legal environments is being refined and refocused on legal matters and away from non-legal activities. One consequence is that public relations practitioners are becoming more involved to do the public relations. Thanks to Ken Starr and his troop of intrepid prosecutors, and the massive tobacco legislation by the states, attorney/client privilege has been re-refined in ways that have gone far beyond their impact on William Jefferson Clinton. Lawyers need to be much more careful about when they are and when they are not acting as attorneys. The issue in question is attorney/client privilege, the bastion of client privacy. Lawyers ? through their expanded activities in client affairs ? have helped erode privilege. Courts and aggressive plaintiffs (those who sue or prosecute) are getting courts to carefully scrutinize what can be privileged. The purpose of privilege is to protect the attorney/client relationship. Increased court scrutiny means that lawyers will ever more carefully guard their client relationships. The ability to protect information and legal advice from discovery is narrowly construed by the Court because the interests of justice are governed by the principle of fullest possible disclosure. Jerold S. Solovy and Robert L. Byman, writing in the July 24, 2000 National Law Journal used this definition: To establish privilege, the withholder must show a communication between a legal professional and a client involving legal advice made in confidence. This standard applies to documents. Note the phrase, "involving legal advice."

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