Any act of publishing material related to a matter while it is before the courts has the potential to be seen as an effort to influence the hearing or the judge. This is a big ‘no-no’ and can be seen as an act called “contempt of court”.
Not so information already published, which can
also be used as evidence in court.
‘And They Said: Powerful quotes used in evidence‘ is a book that puts the evidence planned to be eventually used in litigation into the public domain prior to litigation commencing. It details almost 300 critical quotes going back decades that can all be used as evidence in court to support one particular parties position. This is important because the contending parties are charitable trusts, thus public interest is a critical component of the dispute.
Publishing the book does more than simply putting evidence in the public domain though, it makes the matter public for all to see and understand the position that the aggrieved party has; it explains
why the aggrieved party thinks the way it does and it gives the public the opportunity to address any concerns before a matter goes to court.
It also makes the defending party less able to say, or claim that they “didn’t know” or “didn’t understand” or that they were ambushed or tricked in some way. Often people taking a defensive position will inform their legal advisors of factors that endorse only their side of a dispute. Objectivity is a difficult thing when you’ve got ‘skin in the game’.
It is possible that the client of this investigation may obtain settlement prior to incurring substantial legal costs as a result.
In this case, one of the parties who read an advance copy of the book has already said, “I can see how you have come to the conclusions that you did!” which is as close to an apology as you are likely to ever get from an associated guilty party. Fortunately they altered their position as a result of reading, which has to be considered a minor success.
Most Private Investigators prefer to work in the background out of sight.
The rubber hits the road however when the job is done – should we run & hide the information found or stand & fight?
Litigation based on false (or partial) information abounds. A wise adjudicator will assess the pros and cons of each party’s legal arguments and if it is clear that one is likely to prevail, they should be encouraged to settle before matters are made worse. On the other hand though it is a sound legal strategy to up the odds if you have a strong hand.
Giving advice on the results of an investigation is often an important part of a Private Investigator’s life. The different advice “Let it all go!” or “Sock it to ’em!” can have far reaching consequences, & the importance of exercising patience & wisdom cannot be understated.