Wade Goodman had a remarkable report on All Things Considered tonight. The gist is this: Workers who survived the oil rig explosion were kept off shore at a hotel after being evacuated, apparently incommunicado, and were presented with documents to sign and initial which had them admit that they were not injured and did not see anything concerning the cause of the explosion.
Now, their lawyers are challenging these statements. The report says that one of the three companies involved in operating the rig, not BP, developed this strategy.
Assuming the report is correct, who prepared these statements? Lawyers? Were lawyers involved in getting signatures? Did lawyers use others to get the signatures? Was there any warning given to the workers, many of whom apparently signed. They were eager to get out the hotel and tell their families they were alive.
Of course, the ethics rules cited above required that the company lawyers or their agents warn the workers (and not give them legal advice except to consult counsel) before they signed, and frankly I don't see how the substantive law could uphold the statements of the workers even if they were warned.
But I'm interested in what if any role the lawyers had in the forefront or background of this strategy. I hope none.