St. Denis & Davey, P.A.

Legal Malpractice Issues

Avoiding negligence when talking to the media

| Feb 8, 2020 | Legal Malpractice Law |

Attorneys in Florida and throughout the country are limited in what they can say to the media. For instance, they are not allowed to make any statements that are likely to be seen by a wide audience and that could be deemed to be prejudicial. However, they are allowed to reveal information that is already in the public record or state that an investigation into the matter is ongoing.

They may also be able to tell others about the potential harm to an individual involved in the case. The harm could either be of a physical nature or anything that could be damaging to the public interest. An attorney can also ask that other people or entities provide help with an investigation whether that be providing evidence or other information related to a case. In a criminal case, it may be possible to ask for help locating a defendant who has not been taken into custody.

An attorney may also divulge who took an individual into custody as well as when and where it occurred. As a general rule, attorneys can make statements that are seen as protecting their clients from outside actions that could be viewed as prejudicial to the defendant. However, such a statement must be limited to information needed to guard against that particular act.

In addition to violating the prohibition against prejudicial statements, there are a number of other ways that legal malpractice might occur. These could include the failure to file a civil lawsuit within the applicable statute of limitations or having a conflict of interest that is not waived by the client. People who have been harmed in such a manner might want to discuss their situation with an experienced attorney.