Earlier this month, news broke that CNN anchor Chris Cuomo had been fired following an internal investigation into his alleged involvement in his brother’s public relations efforts. While there is undoubtedly much to learn and be debated in this matter, it offers insight into the ethical issues attorneys, public relations professionals and the media face with regard to litigation communications. As many ethics commentators have stated in the wake of Cuomo’s termination, consider this old adage: no one can serve two masters. Here are three lessons for litigators to consider when working with the media.

Client interests always come first. One of the most common ethical dilemmas in litigation communications is balancing your own interests with those of the case. It only makes sense that attorneys’ ethical obligations require careful consideration before communicating publicly about a case. The American Bar Association’s Model Rules offer guidance. But the lines between necessary and inflammatory or promotional communication quickly can become blurred. That’s not to say you should never promote a case win. Instead, establish a protocol for evaluating case-related communications. For a gut check, ask yourself: What does my client have to gain from this communication? Does this communication serve my clients’ or the public interest at least equally or less than my own?

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