Re: Boston Globe (Finally) Weighs In On CCU Liability

["rogerkirk" <rogerkirk@mail.ttlc.net>]

"Brian Vita" asked:
>> I wonder how these same lawyers would feel if a precedent was made 
>> holding lawyers liable for the actions of their clients.

Dan Billings replied:
>If a lawyer assists their client in doing something wrong, they can be
>held liable.  For example, if a lawyer knows that his or her client is
>perpetrating a fraud and helps prepare documents to further that 
>fraud, the lawyer can be held liable and face discipline from the 
>bar.  The key is the level of involvement in the wrong, as is the case 
>here.  If someone from Clear Channel had encouraged the club to let in 
>more people than allowed by the fire codes because Clear Channel 
>didn't want listeners to be upset that they couldn't get in, Clean 
>Channel might be held liable.  The problem in this case is that Clear 
>Channel's involvement seemed to be limited to promoting the event.

In cases involving negligence, is there not a requirement that the defendant must show that [s]he expended some "reasonable" effort to prevent the occurance?  Is a promoter of an event required to perform due diligence as regards the event being promoted?  Or are they on solid legal ground to accept simply as a matter of faith that what they are being paid to promote is legal and not fraught with "gotchas?"

Roger