4 ms·

I'm curious to when/if there are exceptions to this standard advice. When could it be a strategic move?

by throwaway9988 12y ago

danielrmay 12y ago
When your lawyer tells you it is a strategic move.
- josefresco 12y ago
  Agreed. Also it can help with this http://en.wikipedia.org/wiki/Court_of_public_opinion http://en.wikipedia.org/wiki/Court_of_public_opinion which can be a major factor in the outcome.
arethuza 12y ago
I can't think of any - I know that having been sued (OK it was my start-up, but I took it rather personally) and it was incredibly stressful and at the start I nearly replied to the other side with communications trying to naively "sort things out" that could have made things even worse. My stress levels decreased hugely when all communication was put into the hands of our lawyers - and it was eventually resolved with both sides walking away and paying their own expenses, which wasn't great as we had done nothing wrong but was probably the least worst option. Honestly - if someone raises a legal action against you - talk to a lawyer who specializes in the relevant area and do what they tell you, which is likely to include no public statement without their approval.
- stingraycharles 12y ago
  Exactly. The desire for communication with the public is mostly based on emotion, not on a rational decision. Lawyers give you rational advice. Having been involved in a lawsuit last year, even after I won, I still don't dare to publicly talk about it for fear or repercussions. I simply ask myself: what do I have to gain, and what do I have to lose? Usually the risks and impact of the things I have to lose outweigh the things I have to gain, and it's a good way of making myself shut up.
patio11 12y ago
Approximately as frequently as when replacing John Carmack with a lawyer would improve your codebase.
TomGullen 12y ago
Perhaps if you can't afford a good lawyer to defend yourself so you have to attack the reputation of the sueing company hoping they will drop it from public pressure?
6cxs2hd6 12y ago
For criminal matters, the short answer is, never. See Don't Talk to the Police. [1]. You want a defense attorney to handle this. For civil matters, although IANAL I think similar reasons apply, so similar answer: Don't Talk to the Public. If you're truly famous enough to need to break this rule, then you need an attorney who specializes in high-profile cases like this. Edit: By "cases like this", I mean an actor or athlete level of celebrity. Probably not John Carmack, despite how famous and awesome he may be within our circles. Really, the smartest thing is to just "shut up". Even though a false accusation is a genuine personal violation and you want to defend yourself, the best defense usually won't be DIY. [1] https://www.youtube.com/watch?v=6wXkI4t7nuc https://www.youtube.com/watch?v=6wXkI4t7nuc
kubiiii 12y ago
Maybe when your position largely depends on the public opinion and will be taken from you before you have a chance to have a trial. Maybe there is no pattern but elected officials, rock stars, often cry out their innocence when being accused of something, while having great lawyers.

I'm curious to when/if there are exceptions to this standard advice. When could it be a strategic move?

danielrmay 12y ago

When your lawyer tells you it is a strategic move.

josefresco 12y ago
Agreed. Also it can help with this http://en.wikipedia.org/wiki/Court_of_public_opinion http://en.wikipedia.org/wiki/Court_of_public_opinion which can be a major factor in the outcome.

arethuza 12y ago

I can't think of any - I know that having been sued (OK it was my start-up, but I took it rather personally) and it was incredibly stressful and at the start I nearly replied to the other side with communications trying to naively "sort things out" that could have made things even worse. My stress levels decreased hugely when all communication was put into the hands of our lawyers - and it was eventually resolved with both sides walking away and paying their own expenses, which wasn't great as we had done nothing wrong but was probably the least worst option. Honestly - if someone raises a legal action against you - talk to a lawyer who specializes in the relevant area and do what they tell you, which is likely to include no public statement without their approval.

stingraycharles 12y ago
Exactly. The desire for communication with the public is mostly based on emotion, not on a rational decision. Lawyers give you rational advice. Having been involved in a lawsuit last year, even after I won, I still don't dare to publicly talk about it for fear or repercussions. I simply ask myself: what do I have to gain, and what do I have to lose? Usually the risks and impact of the things I have to lose outweigh the things I have to gain, and it's a good way of making myself shut up.

patio11 12y ago

Approximately as frequently as when replacing John Carmack with a lawyer would improve your codebase.

TomGullen 12y ago

Perhaps if you can't afford a good lawyer to defend yourself so you have to attack the reputation of the sueing company hoping they will drop it from public pressure?

6cxs2hd6 12y ago

For criminal matters, the short answer is, never. See Don't Talk to the Police. [1]. You want a defense attorney to handle this. For civil matters, although IANAL I think similar reasons apply, so similar answer: Don't Talk to the Public. If you're truly famous enough to need to break this rule, then you need an attorney who specializes in high-profile cases like this. Edit: By "cases like this", I mean an actor or athlete level of celebrity. Probably not John Carmack, despite how famous and awesome he may be within our circles. Really, the smartest thing is to just "shut up". Even though a false accusation is a genuine personal violation and you want to defend yourself, the best defense usually won't be DIY. [1] https://www.youtube.com/watch?v=6wXkI4t7nuc https://www.youtube.com/watch?v=6wXkI4t7nuc

kubiiii 12y ago

Maybe when your position largely depends on the public opinion and will be taken from you before you have a chance to have a trial. Maybe there is no pattern but elected officials, rock stars, often cry out their innocence when being accused of something, while having great lawyers.