PR, Law Firms and Defamation

Here is a story of the perils of issuing press releases -- lawyers and their PR counsel should take note (subscription may be required).

What happened, essentially, is a law firm partner, Jeremy Pitcock, moved from one law firm to another -- a fairly common occurence in the modern practice of law. When the new law firm issued a press release crowing about the latest addition to their ranks, his old firm wasn't happy. They sent out a press release of their own (here) stating he had actually been fired for engaging in "extremely inappropriate personal conduct."

Here's how American Lawyer describes "the rest of the story" (as Paul Harvey used to say):

According to Pitcock's complaint, that conduct was a "brief, consensual kiss" with an associate following drinking.

Pitcock lost his job at Morgan & Finnegan a few weeks later. At Kasowitz, Pitcock says he had a "substantial" book of business and earned more than $1.2 million annually. Now, with his reputation damaged, Pitcock is claiming he "simply cannot find another suitable legal job." His lawyer, John Balestriere of Balestriere Lanza in New York, says Pitcock interviewed with several firms, some of which had in the past offered him more than $1 million. But following the Kasowitz press release, Pitcock couldn't get hired.

The upshot is that Pitcock has sued his old firm -- and the public relations firm that issued the press release -- for $90 million. PR Firms should note: the disseminator of such public statements is as liable as the originator. So check those indemnity clauses.

For a general discussion of defamation, including liability for press statements, click here.