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Tuesday, March 9th, 2010

Conrad Black’s Defence Team Sets Up an Ethics Whiplash

May 14, 2007 by Eric Eggertson  
Filed under Marketing

Eddie Greenspan is a brash criminal lawyer, used to winning. He likes to get in the face of his courtroom opponents and make them sweat.

His strategy in the Conrad Black fraud trial is to discredit David Radler, the prosecution’s main witness, by repeatedly and rudely calling him a liar.

The assumption is that this approach will undermine the case against Black, the high-profile media magnate who once controlled The Telegraph, The Chicago Sun-Times, The Jerusalem Post and hundreds of North American papers.

The problem with this strategy is that Black’s reputation and Radler’s have been intertwined for decades. Convincing the jury that his client convinced investors to put their money in the hands of a liar doesn’t make Greenspan’s client look very ethical.

Worse, if Black eventually takes the stand in his own defence, the bar for being called a liar will have been set pretty low. Make contradictory statements? You’re a liar!

Well, that sort of character assassination works both ways. As soon as a defence witness makes a contradictory statement, the prosecution is in the position to repeatedly draw attention to the hyperbole that was used to attack its witness.

Some PR advice for Radler, from Canadian political operative Patrick Gossage:

"If he were my client, I’d advise him to keep it simple, keep it plain, keep away from the complicated scheming we know lay behind the core of this case. Just play the good lieutenant. Perhaps a nice, sincere blue tie for your next outing."

For a good mix of coverage of the Black trial, check out Toronto Life’s running online coverage.

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  1. [...] so it’s not likely to help you when dealing with judges and juries. See my previous posts on Black’s defence and his media [...]



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