Communication Tools

It's no accident that "perp walks" by white-collar defendants lead the evening news. It's the result of a litigation and trial strategy by the prosecutor. NGOs also strategize litigation and trials. As a result, they get to tell their side of a story for months in the media prior to a class action. Plaintiffs' counsel strategize litigation and trials with photos of their suffering clients conspicuously placed in the daily newspapers.

Meanwhile, the defense has yet to formulate even a verbal response to the issues pressing down on their clients. In almost all matters involving litigation and trials, the defense formulates its media strategy only after the first journalist has called. Defense attorneys argue that their hands are tied during litigation and trials, that public outreach of any sort can only open unacceptable areas of exposure.

That argument betrays lack of imagination and lack of resolve. There is always opportunity to do something during litigation and trials to respond to orchestrated attacks decimating market share, stock price, and reputation. Eighty-five percent of all journalists read blogs for story ideas. What is your blog strategy? What is your Internet optimization or SEO strategy to ensure that your critical messages are primary sources for key journalists during litigation and trials? Who are the third parties articulating key messages for important reporters? Do you have a leak strategy or trusted reporters to arm with strategically off-the-record comments that will shape their coverage during litigation and trials?

Litigation and trials require media management as well as strategy. During the dispute over Rosie Magazine, Rosie O’Donnell’s communications professionals were on site in the courtroom every day, talking nonstop with reporters and providing them with transcripts of testimony supporting her case. When the judge castigated Rosie’s opponents for their “ill-advised” lawsuit against her, the TV tickers reported that he’d blasted both sides. Rosie’s lawyers hurried over to a CNN interview and corrected that report at once. After all, Rosie O’Donnell has a brand to protect. Have you studied the impact of litigation and trials on your client’s brand?

Litigation and trials are all about information. Litigation and trials are won in multiple venues.