So, this employment lawyer leaves her firm and sues, as she has the right to do. She makes scandalous allegations (including racial discrimination and harassment) against her former employer, as she has the right to do. Then she and her lawyer go to the media, and a story is published in the Law Times featuring pictures of the lawyer and her counsel. The lawyer then posts a copy of the article on social media, with a link to the Statement of Claim. She apparently decided that it would be good strategy and worth the risk of legal consequences.
But here is the thing. I know the defendant and other members of her firm. I respect them. I have reason to believe that there may be another side to the story. Call it a conflict of interest if you want, but still, since the defendant practices employment law, going after her reputation alleging discrimination and harassment, and requesting substantial punitive damages is serious stuff.
I made a comment saying things like, “should you really be trying this case in the media? As a lawyer, shouldn’t you respect the system instead of besmirching the reputation of people based solely on your allegations?” Since this lawyer apparently believes that public exposure of their position is a good thing, one would think that they would be happy to have my comment on the post. But I figured that she probably would not see it that way.
So, I checked back to see what was happening to the post and my comment and wondered how long it would take for my comment to be deleted. That happened remarkably fast, but not before my comment had over eight hundred impressions. I am guessing that she did not like that.
I don’t know why we allow lawyers to try their cases in the press, but it hardly seems fair. The allegations are made. Maybe they are true, maybe they are not. But until we find out years later, the defendant’s reputation is damaged.
What really bugs me about this are the positive reactions and sympathetic comments coming from members of the legal profession who have not had the benefit of an adjudicated result, but leap to full acceptance of the allegations anyway.
Shouldn’t they, as professionals and officers of the court, exercise better critical thinking?