Divergent interests of the legal department (company) and outside counsel in statements to the press

Speak to the journalists yourself, general counsel, rather than through the partner at a law firm who represents you. That is the message of an article by Prof. Michele DeStefano Beardslee in the Georgetown J. of Legal Ethics, Fall 2009 at 1259, 1291.

Litigation partners with big egos and marketing on their mind have different motivations than you do when they go on the record. It is the future of the company, not the firm, that should guide comments to journalists (See my post of May 20, 2005: what to do when journalists call; May 10, 2009: when the journalist calls, mix and match buzz words; and Dec. 14, 2005: journalists’ desire to spot “trends”.).

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