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How can lawyers best deal with media publicity on client cases?
This personal injury lawyer spoke about the rules and principles that should guide lawyers when engaging with media and how to advise clients regarding media interactions.
Jess Feyder
Recently on the Lawyers Weekly Show, host Jerome Doraisamy spoke with Noor Blumer, director at personal injury firm Blumers.
“They just don’t teach about this,” Ms Blumer said. “I have learned over many decades of how to deal with the press.”
“I’ve always been of the view that usually, publicity doesn’t help a case. I’ve always been very cautious in publicising my own cases and advised clients against speaking to the press. But in medical malpractice cases, rules are changing — a lot of clients want there to be publicity about their case because they want to see systems change.
“They don’t want other people to suffer what they’ve had to. If the client really wants it, you’re going to have to do it in an ethical and proper way that is not going to prejudice proceedings, and which is going to be in the best interest of your client,” she said.
Clients have seen that publicity does lead to changes, by highlighting to the public problems with systems, particular doctors, or facilities. There are a few key rules to consider when engaging with media, Ms Blumer noted.
Everywhere in Australia except the Northern Territory, there is a broad rule that a solicitor must not publish material concerning current proceedings that may prejudice a fair trial and the administration of justice.
There are also rules about retaining client confidentiality; one would never speak about a case without getting the client’s express permission, Ms Blumer explained.
Clients must also be advised about the risk of defamation proceedings. And it’s important to advise clients that what they say may be considered in subsequent proceedings. A lot of people inadvertently say things that don’t assist their case, she added.
In a jury trial, you must be careful that you’re not putting out information that is prejudicial to the fairness of the trial, said Ms Blumer.
“I would prefer personally that the client doesn’t speak, especially until the judgment has come out, but I’ve learned I can’t hide my head in the sand. It needs to be dealt with in an appropriate manner,” she said.
“In cases that are going to attract a lot of publicity, I have media advisers assist me. I prepare my client for what to do if approached by the press, and make sure to put out appropriate press releases to control the story as much as possible.”
In addition, engaging with the press is always about weighing the balance: duty to the court and duty to the client.
“It’s important not to try to benefit from publicity for the sheer sake of it. If you’re going to deal with the press, you’re going to deal with embarrassment now and again — it’s always going to happen. Some forms of publicity might not have legal ramifications, that prejudice a trial, for instance, but it may influence how the client or firm is seen,” she said.
“Quite frankly, none of us are immune to our inner thoughts or first impressions. Judges have opinions, juries have opinions. We all have opinions. It’s really important how people feel about you if you are undertaking proceedings — this should guide what information you put out.”
