Liability for being hired to edit video for a potential law suit?

dillont

dillont

Well-known member
Hey guys,

I have a question and don't know what the legalities are. I have a potential client who wants to hire me to edit together a video presentation which is meant to be used as evidence for a potential court case. But before going to court, he wants to use the finished video to see if he can convince the company to settle out of court. This is a multi national corporation.

His lawyers mentioned that there is the possibility that the corporation can threaten him with a lawsuit for slander for the video - since I am just for hire and not making the accusations (just pressing buttons), am I also liable for slander?

Thanks in advance for any experience you might share.

Dillon
 
Never get legal advice from an online forum, especially one that isn't full of actual lawyers. If you're really concerned, you should consult an attorney.
Beyond the legal advice, just as a general client/vendor issue, I have to ask if this gig is really worth it? If you're really worried about becoming a target in a lawsuit, or even just dealing with a litigious client, or producing something that could be legally questionable, I think you should really consider just how much you need this job.
 
Whenever dealing with lawyers, have a rock-solid contract.

Otherwise... oh yeah, I'm not supposed to talk about politics here.
 
here is the thing with lawsuits.. anyone can sue for anything. maybe you would be found liable, maybe you wouldn't. but as the creator of the video you would have to assume you could be opening yourself up to lawsuit if you move forward.
 
Besides what everyone else said, also understand who your client is. As one who has worked for large corporations, I have had the task of helping to defend the company against frivolous lawsuits. There are bottom feeders out there that do nothing but go after large corporations with frivolous lawsuits, knowing that they will settle for some fee rather than go to court even though the lawsuit is complete nonsense. It's a dirty business. I'm not saying this is what your client is up to. But you may want to consider who you are dealing with.
 
as ugafan mentioned, there is no definitive way of never getting sued. You can have all your ducks in a raw and still get sued. Things like contracts, release forms, and the like, limit our risk of a lawsuit and provide evidence if we do get sued.
 
Im not a lawyer.

Slander is done by 'the publisher' the party that puts the slander into the public (or other) domain

As the button pusher you are not the publisher

For example if a newpaper reporter interviews someone making slanderous allegations the choice to publish is not with the reporter but the newspaper('s legal team and owner).


S
 
I'm surprised no one has mentioned this yet. There are legal definitions & requirements of slander, libel, etc.

One of the biggest things is, are things true? If everything he has to say it factual, you have a lot of protection. Or if everything he says is clearly stated as his opinion, you're still on good ground.

Though there is a chance that what he could be doing is blackmail instead of slander. "Settle, or I'll publish this info."

But the biggest thing is: talk to a lawyer or drop the job if you're really worried.
 
zijital said:
I'm surprised no one has mentioned this yet. There are legal definitions & requirements of slander, libel, etc. ... If everything he has to say it factual, you have a lot of protection.
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Not exactly. Even if you think you're in the right, or even if you are in the right, you might still get sued. You may have enough to win the case, but winning the case means you're going to have to go to court, or settle out of court, but either way you'll be taking up a lot of time, money, and energy fighting something even if you're in the right. If the other side has deep pockets and an in house legal team, they can just bury you in motions and suits. If you're a small company or a solo freelancer you'll take a big hit in time and money even if you win. The big corporations know this and they're not afraid to use their lawyers.
Like everyone has said, if this gig doesn't feel right and you think you may get pulled into some potential litigation, it's probably best to just walk away.
 
Thanks for all the feedback guys. Glad I asked.

The potential client is offering to draft up some wording with his lawyers so indemnify me, or protect me, (or anonymize my role in editing the video at his direction). I have absolutely no experience with law or lawyers (thank god). if I can't make sure that I will be protected, I will certainly not be proceeding.

Now I'm wondering if there's such a thing as insurance that provides coverage against this type of suit (slander, defamation). Etc

Thanks again, guys!
 
Don't rely on the client or their lawyers to protect you. Their main concern is protecting the client.

If you can't afford to secure your own qualified attorney, then play it safe and don't take the job. It's not worth risking everything you have.
 
Anyone can sue anyone for any reason. You can have all the protections in place, but that does not stop a corporation, who wants to send a message, and has lots of money, from casting a wide net and suing anyone and everyone involved with the lawsuit, just to set an example. Now you need a lawyer, filings, hearings, blah, blah, blah. Oh the joy.
 
Legal video work is a field unto itself. If it is a valid personal or economic injury case of some kind, legal videos are used quite often.
 
Razz16mm said:
Legal video work is a field unto itself. If it is a valid personal or economic injury case of some kind, legal videos are used quite often.
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Absolutely correct, but this little phrase in the OP rang some alarm bells: "But before going to court, he wants to use the finished video to see if he can convince the company to settle out of court." Along with this line: "His lawyers mentioned that there is the possibility that the corporation can threaten him with a lawsuit for slander for the video"

That's what would worry me. That this isn't going to be making an evidentiary video, but some kind of gotcha/bad PR/possibly blackmail video. I have no idea what the reality is here, but those alarm bells aren't ringing for nothing. I've been around long enough to run into my share of scammers, shysters, charismatic con artists, and socially functioning nut jobs. They can talk a good game but you don't want to be holding the bag when the s--- goes down as a lot of these guys are very good at walking away unscathed. Then again this might be a good guy who's been taken advantage of by a big corporation and deserves recourse. Either way, I'd be very careful about getting involved.
 
I think most are in agreement here. Seems risky.

Do a cost/benefit analysis. How much do you stand to loose if this situation turns on you. How much do you stand to gain by taking this risk? If the gains outweigh the risk in your mind, then go for it. Otherwise, decline and move on. But you have to be objective. And definitely seek your own legal advice. From what was conveyed here, I would definitely pass on it. But only you would know. After all, we don't know how much they're paying you.

Lastly, Andrius brings up a good point about people involved in these types of situation.

In any case, best of luck!
 
What is it exactly that the video will contain that is contentious? Apart from the commons sense stuff already said, if the video has been edited selectively, it's also possible you could be called as a witness to explain what you did, what you cut out, and why you assembled it as you did? We all know how much of a slant an edit can have, so if the video is meant to sway a jury - expect some hard questions. If the video is being used as evidence, it sounds rather scary to me!
 
dillont said:
Thanks for all the feedback guys. Glad I asked.

The potential client is offering to draft up some wording with his lawyers so indemnify me, or protect me, (or anonymize my role in editing the video at his direction). I have absolutely no experience with law or lawyers (thank god). if I can't make sure that I will be protected, I will certainly not be proceeding.

Now I'm wondering if there's such a thing as insurance that provides coverage against this type of suit (slander, defamation). Etc

Thanks again, guys!
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Everyone has to make their own decision on issues like this, but if they are a legitimate business then a contract indemnifying me would satisfy me and I'd take the job. It would basically say if I am sued, the client agrees to pay for my legal costs, and pay for any damage awards against me for this particular video production.
 
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