• • Les juristes chargés de contentieux administratifs : pour un accès facilité (...) 4/12
  • Investissement et croissance économique : agir sur la taxe professionnelle, (...) 4/12
  • Rémunérations exagérées ou abus de dividendes : les professions libérales (...) 4/12
  • Accès public aux résultats de la recherche financée par l’Union Européenne, (...) 4/12
• • La rupture conventionnelle du CDI, par le Cabinet Chamaillard (...) 4/12
  • Vade mecum de la rupture conventionnelle du CDI, par Gilles Noël, (...) 28/11
  • Commission Darrois : Opus 2, par Michel Morin, Notaire 28/11
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• • Si « EDVIGE » c’est fini, nos libertés sont-elles en danger avec (...) 27/11
  • Condamnation pour publicité mensongère ou de nature à induire en erreur (...) 27/11
  • Référés précontractuels : Le retour du balancier. Par Christophe Roustiau, (...) 26/11
  • Cumul d’indemnités en cas de licenciement, par l’O.N.B., (...) 26/11
• • Inauguration des points d’accès au droit par la ministre de la (...) 26/11
  • Suggestions quant aux droits de l’enfant lors de la séparation des (...) 25/11
  • La médiation professionnelle, un processus à part dans la résolution des (...) 25/11
  • Holdings ISF : ne tirons pas sur (tous) les lampistes ! Par Frédéric (...) 25/11

Management :

Talking law N°11 : Damage control.

“People may expect too much of journalism. Not only do they expect it to be entertaining, they expect it to be true.”
Lewis H. Lapham, Editor Harper’s Magazine

Startled, Ben picked up the phone and answered, “Ben Forthwright, how can I help you ?”

“Mr. Forthwright, this is Randy Crane from the Worldwide Chronicle. How ya’ doin’ today ?”

The Worldwide Chronicle is a national weekly newspaper known for its celebrity gossip and yellow journalism.

“I’m fine, Mr. Crane. How are you ?”

“Great, just great. I hear you are representing Chef Blaze Masterson. Something about him not paying his supplier bills. Can you confirm that his restaurant is failing ?”

“No, indeed I cannot confirm that because it’s not true.” Ben protested. The question caught him off guard. He didn’t expect to be questioned about the financial health of the business. “Where did you hear that ?”

“I’ve got sources here in New York that say Masterson canceled a big dinner because he couldn’t afford to pay for some truffles. They say the supplier had to sue Masterson and his restaurant in order to get their money. I’ve seen the lawsuit filed by a company called Gourmet Value, Mr. Forthwright. You’re saying that’s not true ?”

Ben could feel his face turning red with anger. Who did this guy think he was ? He could tell that the reporter was trying to make him lose his cool and say something inappropriate. A slow deep breath helped him regain control and Ben responded in his usual calm manner. “Mr. Crane, we have filed pleadings on behalf of Blaze Masterson and his restaurant this afternoon. I am sure that those documents will enlighten you about my client’s position. Then if you have additional questions we can talk again.”

“The chef himself told me that he was suing Gourmet Value because they sent him truffles from the USA instead of France. He says he cancelled the dinner because the American truffles weren’t good enough. Would you care to comment on that ?”

“I’m sorry, but we are a bit busy at the moment. You can contact the Travis County Clerk of Court in order to get copies of documents filed in the case. If you give me your number I will try to give you a call back tomorrow.” He knew better than to answer a reporter’s questions without having a press strategy. Ben had handled a case a few years ago where the CEO of a large corporation was accused of fraud. Reporters contacted him about the case and he made some comments. It wasn’t a total disaster but he could have handled the situation in a more professional way. Mistakes that appear in print are difficult to take back. He had learned that if the media takes an interest in your case, you could only protect your client’s interests by having a well-planned public relations strategy.

Ben hung up the phone and stared out the window, wondering how this guy had found out about the lawsuit so quickly. He hadn’t really considered the idea that this lawsuit would be tried in the press.

Lawsuits have become a very popular form of entertainment in the United States over the last several years. In the past, spectacular criminal trials have always gained the public’s interest, but now cable television has an entire channel devoted to nothing but lawsuits and trials. Court TV reports 24 hours a day on the happenings in America’s courtrooms. More and more lawyers are becoming media savvy and are hiring special consultants to help with media strategy.

Firms can now hire experts in litigation visibility management to help them put forward a positive image of their client and the client’s position in a lawsuit. And if the media has already shown your client in a negative light, a good public relations specialist can help with damage control. Last year Ben had attended a conference on litigation visibility and was very impressed by one of the presenters. He searched through his desk and found her business card. He picked up the phone and dialed Sally Valentine’s office.

The next day he asked Marie to pick up a copy of the World Chronicle. On the front page was the headline “Truffle Kerfuffle”. Unpatriotic Chef rejects American Truffles : says “just not good enough”.

Yellow Journalism : A type of journalism characterized by sensationalism and a vague relationship to veracity. In years past, its proponents used yellow paper stock, hence the name.

Pleadings : A formal document in which a party to a legal proceeding sets forth or responds to allegations, claims, denials, or defenses. Black’s Law Dictionary Eight Edition 2004

Clerk of Court : A court officer responsible for filling papers, issuing process, and keeping records of court proceedings as generally specified by rule or statute. Black’s Law Dictionary Eight Edition 2004

CEO : Chief Executive officer, a corporation’s highest-ranking administrator, who manages the firm day by day and reports to the board of directors.

Tried in the press : Extensive media attention devoted to an upcoming civil or criminal trial. Black’s Law Dictionary Eight Edition 2004

Courtrooms : The part of a courthouse where trials and hearings take place. Black’s Law Dictionary Eight Edition 2004

Litigation : The process of carrying on a lawsuit. Black’s Law Dictionary Eight Edition 2004

Kerfuffle : Fuss, commotion, disorder, agitation. The New Shorter Oxford English Dictionary, 1993

DISCLAIMER : This article is fictional and was created for instructional purposes only. The author gives no assurances or warranties as to the accuracy of any of the information contained herein. The author is not engaged in rendering any legal or other professional advice.