You have to admit: Law firms defending the behavior of cigarette companies, especially from 19501980, really have their work cut out for them. Their mission is to defend a client who for decades systematically misrepresented the truth about cigarette smoking and health In a remarkable, confidential, internal document now available on the internet; see tobaccoDocumentsjonesday1.html , lawyers from the firm Jones and Day present a roadmap of their clients lies and deceptions starting in l950, and in numerous places show their disgust at the stupidity, arrogance, and chutzpa of the very clients they are now representing. The document is undated, but given its content, it is likely it was prepared in the late l980s. Some examples of the brutally candid advice tobacco lawyers gave their squirming clients: The Tobacco Institute TI, which represented the major manufacturers since the early l950s, maintained for decades that there was no evidence that cigarettes caused disease, or that at worst the issue was still an open question. The Jones and Day memo calls the TI statements that deny causation conservatively speaking, imprudent and impolitic, noting no member company of TI has ever disassociated itself from TI statements. The memo continues, even if the tobacco companies believed [that tobacco and health was an open question] in l954, industry documents demonstrate that the industry has had grave doubts about its validity for over 25 years Remember, this charge is being related by the attorneys who were advising and representing Big Tobacco in court. For example, the memo continues, a l967 document prepared by J.S. Dowdell RJRT acknowledged that the industry has little, if any, positive evidence to refute the health charges. To a similar effect is a l962 letter from W.S. Crutchens B&W to Bowman Gray RJRT. Of greater concern is a l968 memorandum in which William Kloepfer from the Tobacco Institute concedes: our basic position in the cigarette controversy is subject to the charge, and may be subject to a finding, that we are making false and misleading statements to promote the sale of cigarettes. Nevertheless, the campaign continued. Indeed a l972 Tobacco Institute memorandum outlines a holding strategy as consisting of creating doubt about the health charge without actually denying

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