The news media love a good story, and what better place for a reporter to find high drama than in a courtroom? If you are representing a client in a high-stakes litigation or government investigation, sooner or later you may find your client in the media spotlight.
When the reporter calls, what will you do? As an attorney, you have an obligation not only to advocate your client’s legal position, but also to help manage and protect its reputation. Justice Anthony Kennedy has noted the attorney’s responsibility to protect the client’s public standing:
An attorney’s duties do not begin inside the courtroom door. He or she cannot ignore the practical implications of a legal proceeding for the client. Just as an attorney may recommend a plea bargain or civil settlement to avoid adverse consequences of a possible loss after trial, so, too, an attorney may take reasonable steps to defend a client’s reputation—in the court of public opinion.
An attorney who gives careful thought and attention to guard the client’s name and status provides protection for what many clients consider their most important asset—reputation.
While you develop your client’s legal case, consider these 10 tips for managing your client’s reputation in the court of public opinion:
(1) Stay on message. Develop key messages, and stick to them. Just as in legal writing, discuss your most critical, most compelling messages first. Don’t let extraneous facts bury your most important points or lead you astray from your message.
(2) Don’t lie or “spin.” Always tell the truth because, sooner or later, the truth always comes out.
(3) Don’t speak “off the record.” You should assume that everything you say is “on the record” and attributed directly to you. If you don’t want to see it in quotes, don’t say it.
(4) Do your homework. Prepare for the interview. This is no time to wing it. Review your key messages. Anticipate tough questions and develop responses to each question. Without preparation, even the most experienced media spokespeople make mistakes when speaking “off the cuff.”
(5) Avoid guessing or speculating. The credibility of you and your client rests on giving accurate information. If you don’t know the answer to a question, offer to call the reporter back when you have solid information.
(6) Know to whom you are talking. If possible, learn about the reporter who wants to interview you and what his or her beat is. Is the reporter new to the profession or a veteran? Has the reporter covered your client or legal issues before? Has the reporter won any awards? This information will help you better understand the reporter’s knowledge, bias, and motivation.
(7) Know the story’s angle. Ask reporters what the focus or “angle” of the story will be. Try to learn what information they already know and how they know it. Whom have they interviewed or plan to interview?
(8) Stick to your agenda. Reporters have an agenda—be mindful of your own agenda, and follow it. What can be achieved by this interview or news cycle?
(9) Don’t answer hypothetical questions. A hypothetical is designed to get you to talk about something that you do not want to discuss or are not prepared to discuss. Your response should be “I’m not going to comment on hypothetical situations.”
(10) Avoid arguing with a reporter. Your job is not to convince the reporter that your client is right (or innocent or not liable, etc.), but to get the reporter to relay your client’s information in a fair and neutral way. Be courteous and professional, and understand that the reporter is trying to do his or her job.
