By Jeffrey Sandman
The cliché that seems to be repeated in every high-profile civil case is an attorney telling the press that he or she will "not try this case in the court of public opinion."
More often than not, this is a sign that the client is not faring well, and the hope that the less said, the better.
But hope isn't much of a strategy and more attorneys are realizing that a well constructed and implemented communications plan can greatly aid their clients.
Playing Offense for the Defense Bar
Defense counsels know this all too well. In today's legal media environment, the plaintiffs hold a strong advantage. They often define the case first, setting a bar for the
defense to overcome. The defense is left with two choices: Play catch up quick, or duck and cover.
Chances are the media are going to report whether or not you cooperate with them. Of course, if you choose not to engage, you risk having your client perceived as evasive or
having something to hide. Instead, you can level the playing field by understanding what the media needs, and how to use that to your advantage.
Understanding Legal Media
The legal media today possesses an omnivorous need for information. This is true for a number of reasons. First and foremost is the new found and continuously growing
appetite for legal news. In the past, most cases slipped well below the mainstream radar, but now cases are often treated as headline news. With 24-hour news channels, a
proliferation of sites on the Internet, cable channels like Court TV, and legal writers for papers, journals and trade publications, the competition to scoop and report on
major cases has spawned an entire industry of legal news.
The people involved in this industry need information to keep their reports, articles, posting and streaming coverage going. If you or your client won't help them, they will
most likely be talking to the competition. Being helpful and accessible can only help your cause, even if it is politely explaining why you can't be more forthcoming on a
particular point. If reporters know they may get something important from you down the road, they are less likely to attack you in the short-term.
In addition, all clients have interests beyond their current case. Particularly for celebrity and corporate clients, their public perception is integral to their ability to
move on from their legal matters after a decision or deal is reached. Without a proper communications plan to frame a trial as it unfolds, clients are left scrambling after the
fact to come up with answers that would have been easier to address with a steady flow of information and messaging. Failing to address communications can put them in a position
of winning the battle, but losing the war.
Winning Strategies
Here are a few suggestions for helping your client navigate the rough seas of legal communications:
- Communicating effectively is a critical element in managing the risk that litigation presents to a company. Your clients are best served by a communications strategy that
allows them to be heard, to recapture the debate and to get their messages across to target audiences.
- The media and key audiences need timely, factual and accurate information. If you are the one providing it, it improves your ability to tell the story from your client's
perspective.
- Don't ignore internal audiences who can help advance your story. It is important not only to communicate your position to external audiences, but also to the internal
audiences. A company's employees can be powerful spokespersons, but only if they know the facts.
- Deal openly and fairly with the media. The level of transparency depends on the type of case. Stonewalling creates an impression that you are hiding something, especially if
you make it harder for the press to access materials that will eventually become public.
- Have a clear objective and know your audiences before you start talking to the media. Legal communications are not just about getting the best headline, they are about
knowing who you need to connect to and getting your message to them.
It is naive to think that participants in high-profile legal cases can ignore the media. If the media is covering a case, the only choice offered is whether to tell your
story, or let your opponents tell it for you. If you choose the latter, your opponent leaves you in the deepest hole he can dig.
Contact: Jeffrey Sandman is the CEO of Hyde Park Communications in Washington, DC. He can be reached at [email protected].