News Commentator gagged by Peterson trial judge
I don't comment much about "headline" trials becasue they have so little connection to the real world. How often will I be involved in a case where the legal talking heads on TV will be coaching my witness?
Well, when that happens it will be very clear that the legal "talking head" is involved in an attorney client relationship, creating certain rights and obligations, and risks for the talking head and any associated counsel. For example, the "consultation" may affect the enforcibility of gag rules, as happened here, but more seriously it may cause a waiver of the attorney client privilege, with disastrous effects in a criminal case. I can't imagine this ever being a good idea.
The most important lesson is that payment of a fee is not required to create the relationship. Lawyers have to be particularly concerned that prospective clients have not assumed that confidentiality exists when the lawyer assumes the opposite.
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