Why Is It Important for Clients Not to Talk About Their Case With Anyone Other Than Their Attorneys?

Social media has made it easier than ever to reach a wide audience. However, not all communication is worthwhile and such communication may be particularly damaging in a lawsuit. Attorneys often advise their client to limit their communications about a case solely to the attorney and their staff. Not every client listens to this sage advice though and there are many high profile defendants today who seem obsessed with discussing their cases with the entire world.  

 The average client though is not wealthy or famous. As such, the average client should keep their opinions about their case to themselves until the lawsuit is over. Otherwise, they may run the risk of the following consequences:  

Attorney Client Privilege – Any conversations outside the presence of a client’s attorney is outside the protection of the attorney client privilege. This means that anyone involved in the conversation could be called to court to testify about the conversation. If the client has any information that he or she wants to keep secret, that information could potentially be discovered by adverse parties and disclosed to the court.  

• Witness Tampering – Clients who talk to the witnesses about their case may be accused of witness tampering. Witness tampering is any act to improperly influence, alter, or prevent the testimony of witnesses within criminal or civil proceedings. Witness tampering may be a misdemeanor or felony depending on the circumstances.  

• Perjury – Clients who talk about their case with others may run the risk of perjury if the client is required to testify at a later point in time. If the client’s statements to others differ from their statements while under oath, the client may be accused of perjury.  

• Self-Incrimination – Clients who talk with others about their case run the risk of self-incrimination. Normally, criminal defendants have a right to remain silent to avoid testifying against themselves. However, conversations outside the courtroom without the attorney present are not protected and the client may inadvertently incriminate themselves.  

• Poor Jury Perception – If a client talks with third-parties about the trial while the trial is ongoing, those comments may be admissible in front of the judge and the jury who will decide the case. For instance, Alex Jones’ comments about the jury in his trial were played for the jury during the trial, which was reflected in the high judgment against him.  

Of course, the general rule is subject to any exceptions. Clients may want to talk with non-attorneys about their case for public relations purposes or compelled legal testimony. Be sure to consult with an attorney to determine the best communications strategy for your case.  

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