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Guidelines
for Making Public Statements
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Jeff
Roberts graduated law school and was sworn into the Kentucky Bar
Association in 1992 and since has concentrated on helping
injured workers and their families get the benefits they need and are
entitled too. Jeff
Roberts handles Workers
Compensation claims, Social Security claims and Personal Injury claims.
Jeff
Roberts frequently speaks at legal education seminars, the Kentucky Bar Association and the Kentucky Academy of
Trial Attorneys (now known as the Kentucky Justice Association), as well
as others organizations.
Jeff
Roberts has been on the Board of Governors for the KJA
since 1999 and is also a founding member of the Board of Governors for Kentucky Work Place Injury Litigation
Group (KyWILG).
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GUIDELINES
FOR MAKING PUBLIC STATEMENTS
By
Jeffery A. Roberts
Often
times after a tragic event occurs, the media approaches family members
wanting them to make a statement. In
addition, there may be public or private investigations where family
members are asked to make a statement and/or testify.
The following is offered as a general guideline to assist
families in making statements. However,
it must be remembered that every situation is fact dependent and every
state has its own laws. Therefore,
while this is a general guide, individuals should seek appropriate
advice in regard to their specific situation.
As
a general rule, victims and family members are allowed to make public
statements about the event, and all individuals and/or entities
involved. However, there are
potential restrictions on these statements.
The first thing that you should remember is that any public
statements that you make should not be libelous or slanderous against
any person or any business. Libelous
or slanderous statements could lead to a claim being made against the
one making those statements. The
best rule to follow in this regard is to make sure that any public
statements that you make are true.
In
addition, there may be confidentiality agreements that limit a
person’s ability to make public statements.
A confidentiality agreement is usually associated with a
settlement of litigation. Confidentiality
agreements can prohibit a person from making any public statements about
the event or any of the parties involved.
Confidentiality Agreements may only limit the disclosure of the
amount paid to resolve the litigation.
If you have entered into a Confidentiality Agreement, you need to
get specific and direct advice from your attorney as to what you are
allowed or not allowed to say.
In
addition to the above possible limits of your right to make public
statements, you need to also remember that any statements that you make
can be used by the other side in any litigation that may ensue as a
result of the tragic event. The
ability to use the statements against the family in litigation can be
lessened by the utilization of spokesperson to speak for the family.
As a general rule, the immediate family (i.e. spouse/or children)
are the ones involved in the litigation.
For this reason, if a spokesperson is utilized it is best to
utilize someone who is not a part of the immediate family.
This can be another member of the family, a close friend, or even
an attorney. In addition, utilization of a spokesperson can help direct
media attention to the spokesperson and away from the immediate family
members. This can be
beneficial to the immediate family members, especially in the period
immediately following the tragedy.
In
regard to public statements that are made, you can certainly talk about
your loved one and what your loved one meant to you and to your family.
You can talk about the support that you have received from the
community and others and your appreciation for that support.
These types of comments should have little to no adverse impact
later on.
While
you are certainly free to talk about the event, what caused the event,
and who is or is not responsible for that event, these types of comments
can eventually have an adverse impact later on.
Certainly, if you are being given information as a family member
that is not being shared publicly, any public statements that you make
that would release that information could cause you not to receive that
type of information from the investigating authorities in the future.
Furthermore, as new information comes to light, your views about
what happened and who is responsible very well may change.
Therefore, it is probably best to wait till all the information
is known before making any statements on those issues.
