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Lawyers Do Not Good Communicators Make

DH | January 20, 2010 | 0 Comments

The rumor mill over what Apple is up to is once again humming. The world of technology is abuzz, and Apple fans and customers are trying to guess what the company will announce at a special event in San Francisco on Wednesday, January 27. Whatever it will be, it’s already captured the imagination of many people … and certainly the news media.

The best guess is that Apple will unveil a tablet computer, perhaps like the image below. One thing is for sure – Apple has mastered the art of product debut and news media hype.

Amid all the speculation, Silicon Valley gossip blog Valleywag issued a call for readers to send in photos of the Apple tablet. Valleywag offered a cash prize of up to $100,000. A day later, in typical lawyer-fashion, an attorney representing Apple sent Valleywag a cease-and-desist letter. That act, together with the contents of the letter, may have tipped Apple’s hand and actually confirmed speculation. Here’s what the attorney, Michael C. Spillner, wrote, in part:

“I am writing on behalf of Apple regarding the notices on Gawker.com and Valleywag.com Web sites that Gawker Media will pay someone a financial reward for sending you photos, video, or a sample of an unannounced and highly confidential Apple product.”

Naturally, ValleyWag published Spillner’s letter online.

The smart, intelligent move would have been for Spillner not to write the letter and to keep quiet. He should have had a clue that such a saber-rattling tactic would only create more impetuous for someone to spill the beans about the new product in exchange for the $100k … that his letter would serve only to perpetuate speculation. But, most lawyers are not wired that way.

It’s a shame that communications skills, including how to deal with modern day dynamics of the news media, are not taught in law schools.