Refuting Fake News: Confront Allegations Of Falsified Records Early To Defend The Record

Public distrust in institutions is an inescapable reality in today’s news. A 2018 New York Times article discussed this topic within the context of the medical profession and noted public trust in medical providers has decreased nearly 40 percent in the last 40 years.

And, last year, the Pew Research Center decided to ramp up research on trust, facts, and democracy, noting, “Faith in expertise and institutions has declined, cynicism has risen, and citizens are becoming their own information curators.”

Thus, it comes as no surprise phrases like “fake news,” “alternative facts,” and “post-truth,” are commonplace today.

Attorneys for plaintiffs often seek to exploit the public’s cynicism and distrust of institutions to prove their cases and increase jury awards.

One example of this tactic is to argue or infer that the defendant altered or falsified documents that are contradictory to the plaintiff’s version of the facts in the case.