Every lawyer knows that if they call a press conference, lay out allegations of misconduct, and later on those allegations are defamatory, they can easily get sued. But if the lawyer files suit and the media downloads and widely publicizes those same allegations, the lawyer is likely safe.
More and more, first court filings are finding large and interested audiences – before trial even begins.
Especially in situations where you have a Villain, Victim and Vindicator, a first filing can be a decisive way to claim the role you or your client will play in the Court of Public Opinion.
Strategic, yes. But is it right?
Writing in the New York Times, reporter Jodi Kantor writes about this trend here.