If you’ve never written a press release, don’t worry. Here are ten foundational tips to guide you through the process. Don’t have time to craft one? We can help. 1. Use the Correct Release Language If you’re ready for your press release to go out to the public right now, use the words “FOR IMMEDIATE RELEASE” at the top of the press release.
These keywords should be searchable and relevant to the topic of your press release. Don’t Overstuff. Going overboard on keywords will give your press release a spammy, dense feeling, which you don’t want. Don’t overstuff or you risk turning your readers off.
If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file.
State bar associations are primarily concerned with punishing lawyers (though rarely severely), not compensating clients. But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.
In California, the Rules of Professional Conduct govern a lawyer's ethical duties. The law prohibits lawyers from engaging in dishonesty. Cal.
There are other options if you don't want to sue your former attorney for a mistake they made. You can report them to the state bar or the American Bar Association. They will conduct an investigation if the mistake is serious enough and the lawyer could face being disbarred or other disciplinary actions.
Lawyers must be honest, but they do not have to be truthful. A criminal defense lawyer, for example, in zealously defending a client, has no obligation to actively present the truth. Counsel may not deliberately mislead the court, but has no obligation to tell the defendant's whole story.
[1] A lawyer is required to be truthful when dealing with others on a client's behalf, but generally has no affirmative duty to inform an opposing party of relevant facts. A misrepresentation can occur if the lawyer incorporates or affirms a statement of another person that the lawyer knows is false.
No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.
“All lawyers make mistakes and it does not matter how long you have been practicing, where you went to school, how many hours you bill or how hard you try,” said Michael S. LeBoff, partner at Klein & Wilson, Newport Beach, Calif., during the ABA webinar "Oops: What to Do When an Attorney or Expert Screws Up."
If a lawyer knows their client is guilty, it really shouldn't change anything. They will act in the interest of society as well (to a certain extent): Ensure the client has adequate legal representation in court, and is subject to a fair trial.
Dennis BeaverThe attorney does not return phone calls in a reasonable amount of time, and;In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.
The answer is yes. A lawyer can report you to the police. A lawyer can tell the police that you probably committed a crime.
First of all, liars have difficulty maintaining eye contact with the person asking the questions. If the witness looks up at the ceiling while thinking of an answer, or looks down at the floor, they are liying every time. When a witness covers his mouth with his hand, he is about to lie.
Definitions. Truth telling. (with respect to medical ethics) involves the moral duty to be honest with patients about conditions, medications, procedures, and risks. Therapeutic privilege. physician may withhold some information if they truly believe that complete honesty will lead to greater harm.
Two concepts that you may commonly face in your day-to-day practice are truthfulness and confidentiality. Truthfulness is about telling the truth to someone who has the right to know the truth.
A press release is the most common and efficient way to pitch news organizations. It communicates everything you want to say, while giving reporters what they need to follow up for more information. The act of writing a press release has a couple of advantages.
Write eye-catching headlines to capture attention. You headline is your first, best, and possibly only opportunity to get a reporter to read your press release. Avoid using too many words, and make sure the subject ties into the actual content of your release.
Website. This might be fairly self-explanatory, but reporters will often look you up online to get a sense of your firm, who you are, and what sorts of services you offer. It can also be a means for reporters who want to reach out for contact information.
A press release is the most common and efficient way to pitch news organizations. It communicates everything you want to say, while giving reporters what they need to follow up for more information.
But learning the tools is only part of the job. Knowing what stories to share, and being able to present information that is truly newsworthy, is key to getting your story told.
But keep in mind that the average newspaper is written to an 11th-grade reading level. Be sure to communicate in a way that will be understandable to as wide an audience as possible.
If you’re hosting an event, a media advisory can be a good way to encourage a reporter or photographer to attend in person. It also gives the media an opportunity to prioritize your story ahead of time.
But when attorneys hold press conferences, they need to also be thinking about the ethics of what they’re saying and whether they are defaming anyone by saying it.
This rule says that a lawyer “shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding” in a case the lawyer is actively investigating or litigating.
Attorneys can help themselves avoid defaming an opposing or third party by making sure that when they are alleging something, they are actually saying it is an allegation. They should avoid repeating an allegation in a way that suggests that they’re asserting it as a fact. (Unless, of course, the attorney knows an alleged fact is 100% true.)
Rarely will a civil case go to trial a mere six months after a case is filed. More often, a trial will take place 12 months, 18 months, two years down the road.
Generally speaking, ethics issues tend to arise under Rule 3.6 when attorneys start talking outside of court about information that is unlikely to be admissible in court.
The first rule is ABA Model Rule of Professional Conduct 1.6 which concerns confidentiality. This one is pretty easy.
They need to be thinking about how to persuasively tell that client’s story.
Mediators understand it is a fine line. Mediator expect good, tough zealous representation, but don’t insult the Mediator’s intelligence and her knowledge about the subject matter of the dispute and the law (which is why you chose her). Mediators want frank and candid discussion of the strengths and weaknesses of the case. That sometimes means pulling the lawyers out of the rooms to have those discussions. Good lawyers want that from the Mediator, even in front of their client, because no matter how many times a lawyer may have told a client about the weaknesses in a case, there is something about having an experienced Mediator telling the client, face to face, the same thing and that all of the great lawyering in the world (of course) cannot change a set of facts or the law. Your job as counsel is not to show the Mediator how smart you are and how you are going to kick the other side’s backside in court, but to see if there is a way to reach your client’s goal of getting the case resolved as efficiently as possible. Rare is the client who willingly will spend unlimited legal fees and allow the company’s key workers to spend hundreds of hours in discovery, depositions, and put his business into the hands of a third party, whether a Judge, Arbitrator or jury. Sometimes it is not just about the money—but most of the time it is about the money.
A long day of Mediation can be derailed with last minute issues which should have been identified early in the day. If money will change hands, when? Many times, the parties have agonized over the amount, only to have the paying party say “by the way, I don’t have that money now, I have to pay it over time.” The other side then explodes, cries “bad faith” 4 and starts thinking about piercing the corporate veil. Emotions then get into the way of a deal that appeared to be done. Tax returns or financial statements to establish financial issues or poverty cannot magically appear at 7:00pm, and when there may be a need for a covenant not to execute and discussion of collateral. How important is a non-disparagement clause and/or limitation on social media (or withdrawal of a social media post)? What about indemnification? Exactly what claims are going to be released, which can be a real issue especially in commercial disputes like construction cases. Allowing such seminal issues to fester until late in the game can be a real deal breaker, and it also really upsets the Mediator who has worked hard to get the parties to agree to the basic deal terms.
If you get close but no deal, don’t just throw your mediation folder off to side and curse the other side and lawyer (and the Mediator) for not being reasonable and acting in bad faith. Many Mediators, especially if the parties got close to a deal, will ask if they can make a few calls and see if a deal is still possible. Yes, it costs money, but remember you are splitting the Mediator’s fee with the other side. One suggestion is to provide a written email or summary for your client representative (include estimates or budgets for future legal fees), and which may also go to other’s in your representative’s organization who have a say so in the dispute but were not present at the Mediation.
Of course, all disputes that are submitted to mediation do not reach a “global” settlement, even for very valid reasons. But you and your client have just spent an entire day reviewing/discussing the pros and cons of your case and complaining about the other side (and probably the Mediator). While certainly you can leave the mediation with some additional knowledge about the other side’s case, you should think, before you walk out the door, about whether or not the Mediator can help both sides reach agreements on non-global issues which will save money and perhaps push the parties closer to a global deal down the line. Can discovery disputes be resolved? Perhaps settle some but not all the disputed issues. How many depositions are really needed? What about shifting the case from litigation to binding arbitration? If a major factor is a pending summary judgment motion, maybe schedule another mediation. Put on your litigator thinking hat before you walk out the mediation door.
Yes, you must present your case to the Mediator and impress your client. In Mediation, however, lawyers frequently fail to listen to what the Mediator has to say and more importantly, what the Mediator is saying about what’s going on in the other room. What’s the temperature in the other room? Is the other lawyer being helpful? Is the client in that room listening to her lawyer and the Mediator? Is it really all about money? What are the key issues. Are there non-monetary points that may be crucial to the other side, but your client could care less about? Those may help get over an impasse about money. Be confident that the Mediator is doing his best to convey your points and arguments and is being just as hard on the other side. By listening and asking questions you can learn a lot more about the strength and weaknesses of not just your case, but the other side’s case as well. You are paying the Mediator: take advantage of his knowledge and expertise.
To be clear, great Mediation advocacy is not THE most important element in getting a deal done, but it can be a major factor. Be careful out there.
If it is very simple deal, money is paid and full and complete releases, there is no reason (with laptops/printers) that a full settlement agreement cannot be drafted and signed at the Mediation and the matter is over. Many good counsels come to the Mediation with a draft settlement agreement with blank terms.
The body of your press release should expand the content of the first paragraph. Each paragraph should be no more than 3 or 4 sentences. Break up the body accordingly, but make sure that each paragraph is cohesive and flows well from the preceding paragraph.
This is a critical little paragraph since it helps readers understand immediately whether they should interact with the press release or move on to find something that suits their needs more closely. It can also help busy journalists understand what your press release covers and pick it up if they see fit.
This paragraph is where you will explain your new product, your discovery or any advances that your company has made. You should also include quotes, if they are available. This will give your readers an objective view of your press release and, if you quote experts, should make your press release stand out as credible.
To make your PR more recognizable and impactful, use your company’s logos and colors in the headline section . Check out how the football team The Miami Dolphins did it in this recent press release:
This is an important piece of your press release article because it tells readers and journalists when you want to see your article on the web or in print. It also gives you control over when the press release hits the media, which can have a massive impact on the success of your press release efforts.
There are 6 elements that should be present here: 1 Who. Who is the press release about? Who is your company or the main players involved in this document? 2 What. What is the topic of the press release? Why should readers care? 3 Why. Why are you sending out the press release? How does it affect your customers or readers? 4 When. When is the subject of the press release (the product release or new hire, for example) taking place? 5 Where. Where is your company located? If there’s an event people need to know about, where is it taking place? 6 How. How does the subject of your press release provide value? How does it help your readers?
Ideal for telling the media, Google, and your readers that something new and exciting has taken place within your company, press releases can be used to announce new hires, partnerships, product launches, and more.
Press releases should offer reliable information that can be checked and verified. Third-person voice (not, “I” or “we” say it, but “The chamber of commerce said in its annual awards ceremony…”) matters — legally, and in terms of how your audience responds to the message.
She adds that it’s the responsibility of the company submitting the press release to a wire service to ensure that they have the legal right to publish the photos, images, videos, trademarks, and copyrighted material that it submits. “Don’t rely on the press release service to catch any mistakes you might make. If there are problems with the content you publish, you’ll be responsible for any litigation costs or fines — not the wire service that carried the release with the problem content.”
According to Miranda Tan, CEO of the fast growing social media and PR platform MyPRGenie, those calls usually happen because the PR person has made a mistake that puts them into conflict with some legal or regulatory rule.
The local jeweler can’t announce the sighting in a press release — and he certainly can’t use a photo of the celebrity wearing the jewelry to illustrate a press release,” the New York lawyer turned PR executive says.
Before you make any kind of claim in a press release, make sure that you have the evidence to back it up.
This is a more difficult area, but Tan says, “MyPRGenie doesn’t accept press releases that make accusations and slander others. We don’t accept press releases for illegal products or services. And we wouldn’t approve a press release filled with obscenities or offensive language.”
The New York Times case requires that when the moving party in an action for defamation is a public figure or public official they are required to show not only that the statements were false, but that the parties making the statement acted with “Constitutional malice”, that is , that they had actual knowledge that the statements were false or they acted in reckless disregard of whether the statements were true or false. The present case presents yet another twist in that the appellants here are contending that the information was released to the press for the purpose of damaging appellants’ reputations and ultimately their careers. With respect to that point, Smith and Mengel would have to show that neither Danielczyk nor Jendrik were required nor permitted to make such communications to the media in the performance of their official duties or did so for an improper purpose.
Danielczyk and Jendrek, through counsel, asserted the following defenses; (1) Smith and Mengel have failed to comply with the statutory notice requirements set out in the Maryland Rules, thus their claim was barred as a matter of law, (2) that they (Danielczyk and Jendrek) are immune from liability for defamation by reason of absolute and qualified immunity, and (3) that Smith and Mengel failed to set forth a prima facie case of defamation. The circuit court dismissed the claim with prejudice.
The search resulted in the discovery of suspected controlled dangerous substances. It was the second warrant and the actions of the affiants, however, that created the problem which led to the lawsuit.
In Malley, the Supreme Court denied an absolute privilege for the procuring of an arrest warrant based on an affidavit that failed to establish probable cause. Although an important part of the judicial phase in a criminal proceeding, the Court found that the application for a warrant is further removed than the acts of a prosecutor seeking an indictment. Unlike an arrest warrant, which typically results in a criminal prosecution, a search warrant does not necessarily result in a judicial proceeding. Moreover, the presentation of a search warrant is almost always ex parte, and is dependent on the sole presentation of the affiant based on the information contained within the affidavit in support of probable cause. The veracity of the statements made in the warrant, notwithstanding a Franks iii hearing, are likely never tested and subject to scrutiny as to their accuracy unless, (1) they concern a person who is subsequently arrested and charged, (2) evidence seized in the search is offered into evidence against that person, and (3) the defendant can show, through evidence, that the statements were not just false but were deliberate misstatements or were made with reckless disregard for the truth.
In December of 2005, two female arrestees alleged that they were sexually assaulted by Jones in exchange for their release from custody on narcotic charges. The officer was subsequently acquitted of the first criminal charge, and the second was dismissed by the prosecution.
Always note that state law may be more restrictive on police power than the U.S. Constitution.
As the case was remanded to the Circuit Court for further proceedings, some would suggest that Officers Smith and Mengel have a long road ahead of them in an effort to prove their claim of defamation. Whether they prevail or not, this much is clear, police officers are expected to tell the truth; when they don’t and they do so with malice, they should be prepared to face the consequences.
If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.
If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.
Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.
If your lawyer does not respond, or subsequent meetings or conversations are not fruitful, consider suggesting mediation to work out your communication problems if you still want this lawyer to represent you. A bad deskside manner doesn't mean that the lawyer isn't an excellent lawyer, and it can be difficult to find a new one in the middle of a case.
If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:
A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.
If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.
Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.
If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.
It's expensive because we have to wait in line too. Going to court is more than dressing up in a fancy suit and knowing what papers to fill out. Attorneys have to wait in line just like the "regular folk" and we are at the mercy of the court staff just like everyone else. If you get a bill that includes time spent waiting in court, it's not usually exaggerated. While some people may stretch the truth - if you want to see whether I had to wait an hour for the case to get called, then just come with me to court. Some courtrooms have more than 50 cases on the call. Your case may not be first or even ninth. I have been number 210 on the list before. It takes time. Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.
Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.
If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.
While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.
Don' t forget that lawyers don't always need to take more cases. Yes, new clients are a great thing, but I don't want clients that will eat all my time and get no where fast. Your tip: keep your communication very simple and to the point.