Litigants are increasingly realizing that their reputational assets must be protected in legal disputes, even if a case is expected to settle before trial or be won in trial or on appeal. For them, the so-called court of public opinion is as important as developments in courts of law.
Effective litigation communications provide means to:
- Protect or defend a client's reputation in support of a legal strategy;
- Ensure fair and balanced news coverage;
- Help a client reach key audiences;
- Add value to your legal services; and
- Validate a client's decision to continue working with you.
Of course, predictable and understandable tension exists between many in the news media and legal profession. Despite a mutual professional dependence, these two groups often coexist with competing objectives, deadlines, professional standards, issues of confidentiality and public disclosure, and expectations of their organizations or clients.
Development of litigation communications capabilities should begin with an honest assessment of your firm's communications resources and your clients' existing and likely needs for support. The truth is most litigators, while verbally skilled and quick-witted, can benefit from media training. Objectives of this training often include:
- Learning whether, when, and how to contact or respond to news media to protect client interests;
- Developing news interview skills and productive news media relationships;
- Discussion of professional restrictions on extrajudicial speech; and
- Preparing for representation of high-profile and at-risk clients.
Many firms have excellent in-house capabilities in this regard. Others do not, and those firms — which typically maintain strong marketing and client relations programs at the expense of media relations and strategic communications activities — often retain outside consultants who specialize in legal affairs matters. These consultants should be experienced in working under the constraints of protective orders and confidentiality agreements. And they should be aware of the debate over extending attorney-client privilege and the work product doctrine to litigation communications advisers.
About the Author
Erin Powers is principal of Powers MediaWorks, LLC. A former newspaper journalist and law firm communications director, he advises law firms throughout the United States and abroad.
Powers MediaWorks, LLC, provides strategic communications services to law firms and businesses in the United States and abroad. The firm specializes in media relations, litigation communications, media training, and government affairs consulting. Based in Houston, the firm has developed and implemented communications strategies for attorneys (plaintiff's and defense) responsible for regional, national, and international legal matters. More information is available at www.powersmediaworks.com.
