The Dangers of Blanket “No Comment” Strategies: Why ‘No Comment’ is No Good For Your Client and What You Can Do Instead

Blanket advice to not discuss a legal matter is both bad for the client and unethical for the lawyer. Saying nothing can do untold damage to the reputation of a person or business. This damage may far exceed the danger caused by a carefully crafted statement, and it imposes a tremendous strain on individuals over what might be a period of years. A lawyer has an obligation under ABA Model Rule 1.3 cmt. 1 to “take whatever lawful and ethical measures are required to vindicate the client’s cause or endeavor.” This may include guiding their client in speaking to the public and the press, or even in apologizing to the opposing party, if that will further the client’s objective. 

Learning Objectives:

1. Understand the danger of a blanket “no comment” strategy for companies and individuals, such as reputational and brand damage
2. Review the ethical implications of a blanket no comment strategy for the attorney
3. Discuss how even an apology can meet the needs of clients without compromising their legal position