Diales’ Post

If you've been following me for a little while, you know I like to share helpful contract tips, and this one just came up for one of my clients, so I thought it would a be a good time to discuss cancellation. There is a pervasive misunderstanding of how cancelling a session works in the voiceover world; many people think that a producer can cancel a session without having to pay the cancellation fee as long as you either give at least 24 hours notice, or it is by noon of the day before. But here is what it actually says in the interactive agreement, and you'll understand why lawyer spend so much time going back and forth, because this is a really important semicolon! It means that this cancellation policy is ONLY applicable to oral calls (meaning you told them over the phone or said it verbally). If it's written down at all, whether in email or over text, you have to pay the cancellation fee of at least a day's pay, even if you reschedule. I hope that helps performers understand their rights, and helps producers understand how not to get in trouble with the union! And can we all just have a quick laugh about how the agreement includes references to sending a telegram, but not a text message! 😆

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Just read Richard Moorhead's blogpost on the startling alleged contents of covert recordings providing to the inquiry in the PO / Horizon matter - https://lnkd.in/e9EQz4Cu My hierarchy of typical reliability goes something like the list below. - Lower numbers are less reliable (e.g. 1.1. is lower than 1.2) - Of course, this is a generalisation and much depends on the particular case. 1. Mediated statements: lowest 1.1 PR communications 1.2 Legal submissions to court / inquiry 1.3 Written witness statements to court / inquiry 2. Oral statements in the process: medium 2.1 Responses at trial / main hearing to examination by friendly party 2.2 Responses at trial / main hearing to examination by counterparty / for inquiry 2.3 Responses earlier on (e.g. US style deposition, police interview) to examination by counterparty / authority 3. Contemporaneous evidence: highest* 3.1 Formal records (e.g. reports, minutes, legal opinions, accounting records) 3.2 Less formal long form documents (e.g. email) 3.3 Overt recordings 3.4 Whatsapp and similar informal messages 3.5 Covert recordings * Caveats (i) Clearly, gaps may exist in type 3 and have to be filled by type 2 evidence (ii) More generally, useful to contextualise by a mix of type 2 and 3 evidence (iii) Reliability of type 3 of course assumes data integrity which (as Horizon illustrates) can't be taken for granted (iv) While categories 3.4 and 3.5 can be useful, there does in fairness need to be some weighing of things that people blurt out / think aloud - it isn't always to be taken at face value One other thing that I wonder is whether the revelations in this case will lead to greater limitations on privilege in investigations into institutional wrongdoing, either as a matter of legal interpretation about the absence of privilege (something which Richard, Jenifer Swallow and I wrote an article about in 2022) or on a pragmatic inquiry-by-inquiry 'voluntary waiver' basis (such waivers were given, with various caveats, in the PO inquiry). I also wonder how that will play out long term. I remember about twenty years ago that Eliot Spitzer, as New York Attorney-General, would put pressure on people to waive as part of the plea bargaining formula. Googling for corroboration of my recollection, I find some in footnote 37 of this 2006 article - https://lnkd.in/eb-ZqtMs I don't know if that's done in UK investigations these days, but it would seem contrary to the characterisation of privilege as a human right (most of the ECHR cases concern individuals, but some are about companies e.g. André v. France - https://lnkd.in/eGV2znGP ) I also recall from those days that some US lawyers, at least, responded by not putting any advice in writing. I don't know if it helped, or whether it led people to put less advice in writing even outside the context of an investigation (anyone care to comment?)

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