Balancing the Legal Court with the Court of Public Opinion

By Travis Carter/Carter Public Relations

Even the most seasoned PR pros occasionally face challenges working with lawyers on legal matters or public policy issues. That's because there is often a perceived conflict
between PR and legal interests - with one party working aggressively to advance a position and the other working cautiously to protect it.

So how do you make the relationship with the lawyers work? The case study described here provides a few key lessons that are applicable to any significant legal initiative:

Define a Shared Goal and Mission: Effective planning and partnership begins with a goal. In this case, we had the luxury of pursuing a goal that was straightforward and
measurable: neutralizing a proposed publicly subsidized hotel. Hundreds of millions of dollars were at stake. It was critical for PR and legal to begin in the same place with a
shared understanding that all of the preparation and tactics (in the PR and legal arena) would be carried out with the overall goal in mind. Make your campaign mission-oriented.
This offers a constant reminder that PR and legal are working together in the name of client or issue advocacy.

Get Together Early - and Often: The architect of this legal and PR strategy was Bickel & Brewer - a national firm that specializes in high-stakes, highly visible
commercial litigation. The firm is no stranger to media coverage relating to its cases. As such, the firm understands the need to "bring PR to the table" early in the litigation
process. I had a front row seat with the firm's principal partners that provided me with access and information. Get together with the lawyers early and often so PR will not be
considered a support mechanism for your case, but rather an integral part of its focus and overall mission.

It's not an Either-Or Proposition: In my experience, I have found that many lawyers make the mistake of pursuing a case in a legal courtroom or the court of public opinion.
This isn't always an either-or proposition. Some legal cases - particularly those of the "bet the business" variety - deserve proactive, complementary advancement in both the PR
and legal arenas.

The strategy for this issue was to pursue the case in the courts, while simultaneously improving our "external position" with key publics: business and community leaders, the
news media, politicians and citizens of the greater community.

Make sure your lawyers understand that winning in one corridor doesn't have to come at the expense of another. I was lucky with respect to this campaign. What is often an
either-or proposition for most law firms isn't considered as such at Bickel & Brewer, perhaps because the glare of the media often follows the firm's legal docket.