Tuesday, August 16, 2005

What Do You Do When You're the Target of an Investigation?

The government's investigation of Milberg Weiss and spin-off firm Lerach Coughlin has called for the common response from William Lerach, one of the chief targets of the investigation: hire one of the best criminal defense attorneys around (John Keker in this case), who in turn hires a high-powered public relations person to handle the media.  An article from The Recorder (available on Law.Com here) about the status of the investigation notes that Keker has retained Chris Lehane to deal with the press.  It is important that the attorney retain the public relations person because the attorney-client privilege and work product protection can extend to communications between the lawyer and spokesperson, at least under Judge Kaplan's opinion in In re Grand Jury Subpoena Dated March 24, 2003, 265 F.Supp.2d 321 (S.D.N.Y. 2003). Lehane has served at various times as a spokesman for Bill Clinton, Al Gore (during the 2000 campaign), and John Kerry -- after them, dealing with a criminal investigation ought to be a snap. (ph)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2005/08/what_do_you_do_.html

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