Mock libel trial shows need for insurance, legal representation

“I’m suing you for libel!” Those may be the five dirtiest words any newspaper publisher or editor ever hears.

But a little planning before that happens might help keep a newspaper out of the courtroom.

Newspapers should invest in libel insurance and contact a media law attorney before responding to a libel lawsuit or claim. That was the lesson from a mock libel trial put on by Jackson Walker attorneys James McCown, Bob Latham, Kim Van Amburg, Cedric Scott and Jennifer Nowlin on Saturday, Jan. 24 at the 57th Midwinter Conference & Trade Show in Houston.

The mock trial focused on a fictitious news story reporting that a state senator fled to New Mexico with his colleagues during the legislative session. The story contained incorrect information and the attorneys played out two possible scenarios on how the case could unfold — one where the plaintiff’s attorney questions the reporter before she spoke to the newspaper’s attorney and another where the reporter is questioned after speaking to her attorney.

The role playing was effective in demonstrating the need to be prepared for a libel deposition.

“Even a story that is not 100 percent accurate, and you don’t have (a tremendous amount) of research on, is defensible,” McCown said.

The mock trial demonstrated the need to consult a media attorney, to get libel insurance and most importantly to check all facts before running any story.

“If you have questions about the article, if you have questions about your sources, ask those questions and get them answered before you publish,” McCown said.

“Make sure you do your homework ahead of time.”

The attorneys also advised newspapers to have a policy on note retention and to be consistent in its application. Computer and electronic mail correspondence also can be subpoenaed, the attorneys said.

The basic elements of a libel claim are falsity, actual malice and harm to reputation and the burden of proof is on the plaintiff. The statute of limitations on a libel suit is one year.