Public Relations as Litigation Support

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"In situations where companies are trying to protect their brands, reputation and image, being damaged in the court of public opinion often means they are losing the larger battle, regardless of what happens in the courtroom." Evan N. Zeppos Zeppos & Associates

In high-profile cases or major litigation, lawyers and public relations professionals have to work together. While some people think it’s like mixing oil and water, there are, in fact, some very constructive ways that lawyers and PR professionals can work together to help their clients achieve their ultimate goals in the legal arena. The days of lawyers advocating "no comment" and ignoring the media are long gone, because smart lawyers today know that while this strategy might appear acceptable on the surface, it works against their client in the court of public opinion.

In situations where companies are trying to protect their brands, reputation and image, being damaged in the court of public opinion often means they are losing the larger battle, regardless of what happens in the courtroom. That is why it is so important that lawyers and PR people collaborate to achieve their clients’ goals.

Here are some suggestions and tips on how lawyers and PR practitioners can work together:

Plan Ahead. Motions, filings and hearings all have the potential to create news and media interest and because of this, it is important to plan ahead and be prepared for anything. A small situation can quickly escalate into a national news story, and if you are not prepared the media attention could have devastating consequences.

Designate a Spokesperson. Lawyers are experts at understanding the law; however, they may not be the best spokespeople when it comes time to talk to the media.

Here is where PR counsel becomes critical. It is crucial to identify and train appropriate spokespeople prior to receiving an inquiry from the media.

The spokespeople should be selected based on their knowledge and proximity to the topic, speaking ability and availability. Different people might serve as the spokespeople depending on the situation. For example, the CEO of a company might serve as the spokesperson for one legal issue and the vice-president of finance might be the appropriate person for another case.

Develop Key Messages. Lawyers and public relations professionals at times disagree on which information should be released to the media, because it could later be admissible in the courtroom. On the other hand, if a company does not release any information to the media, the organization might be severely damaged in the court of public opinion.

In this instance, it is important for the PR counsel and the lawyers to determine the best strategy that will not hinder the trial or its outcome, while at the same time provide appropriate information to the public. Developing key messages that can be used by the designated spokespeople will help to answer any media calls in a timely manner.

Know How the Media Works. It is important to have a general understanding of how the media works, their deadlines and what makes news.

The media are constantly competing among themselves to break a story first. In the past, television news could more easily accommodate breaking news. Today, with the advent of the Internet, newspapers are able to break stories on their Web sites, which allows them to compete alongside with television.

Because of the instantaneousness of the news, it is important to know what makes news. Defining what is "newsworthy" is often based upon the situation and its timeliness, how it affects people, how many people it impacts, how close it is to the media’s audience, how much money is involved, the oddity of the story or event and its level of controversy. For television, visual elements are also important because of the added appeal and interest that accompanies these shots.

Once an organization understands why its case will be of interest to the media, it can better prepare to respond to media requests.

Control the Story. It is advisable to tell clients to "Tell it first, tell it fast and tell it all," because being proactive is much better for the organization than being reactive.

When an organization is faced with a crisis situation such as being the defendant in a major lawsuit, it is best to step forward and provide the media with a strong message, without risking the outcome of the case. An organization that is camera shy and uses "no
comment" will only be doing itself a disservice by avoiding the media.

The media is going to run the story regardless of whether an organization makes a statement or talks to the reporter.

It is much better for the company to stand up and answer the questions than for the article to say that the organization did not return phone calls. "No comment" typically makes an organization look guilty, which in turn causes the public to be less trusting of the company. Conversely, a company that talks to the media early will have a greater opportunity to help shape the tone of the coverage.

Always Tell the Truth. In a crisis situation, such as a legal case that is currently being tried in the courts, the lawyers might not want their clients to speak to the media or issue a statement about the case. This could be for any number of reasons, including the fact that information changes quickly and the lawyers might be concerned that releasing too much information could affect the outcome of the case. However, a public relations advisor would want a spokesperson to be available and provide some relevant information.

Despite the conflicting opinions as to the amount of information that should be shared, both sides agree that the No. 1 rule of thumb is to tell the truth. If an organization misleads or fudges information, the company loses a great deal of credibility in the eyes of the public, which can have tremendous negative consequences for many years.

These are just some suggestions as to how public relations can play an important role and provide litigation support to lawyers. In today’s day and age of high-profile cases and the immediacy of the media, it is even more important than in the past that public relations and legal counsel work together to help put the client first. An organization that looks favorable in both the courtroom and the court of public opinion has a much better chance of rebounding from a legal entanglement than a company that chooses to ignore the media.