Visual Litigation:
Litigation public relations is a dynamic new addition to legal practice. No major corporate litigation should take place without considering its public relations ramifications. The same goes for high profile criminal cases and celebrity cases.
Strategic communication is useful before litigation gets under way, during the trial process, and after it terminates. Specific audiences may be targeted for discrete purposes, whether it is an external audience (such as the so-called 'court of public opinion') or internal ones (such as employees, investors, shareholders, and others with a vested interest in the organization).
Studies show that media coverage influences prospective jurors. Bad publicity can drive down stock prices even as it increases the pressure to settle out of court. It can also ratchet up the stakes of a trial from the perspective of the state. Judges are not immune to the influences of publicity, and neither are lawmakers.
It makes sense, therefore, to attend to strategic mass media communications as an important additional tool in the lawyer's communication toolbox.
Communication management involves such concerns as when to speak to the press and how to frame one's message; what media sites are optimal for particular kinds of communications (press releases, websites, advertising, etc.); how much to divulge and how much to hold back. Every act of communication requires a careful assessment of one's audience. Who are you trying to reach for what purpose? It is helpful to research audience responses. How does a particular audience feel about a given topic? How does the reaction break down according to age, sex, location, political affiliation, etc.?
Understanding the reasons why a particular audience may be inclined to react in a particular way to a particular message is essential both to structuring one's own message and responding to what others say and show. Meaning comes out of a network of beliefs, hopes, and fears; it is shaped and informed by history, culture, and diverse socio-economic factors. In producing (and controlling or breaking down) specific communications it is essential to understand the separate logics of metaphor, narrative, and visual representation. Each must be understood in a given context before it can be compellingly produced or usefully countered.
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RELATED LINKS:
Personal Websites are being used as potent tools for disseminating and controlling a client's message. For example, the Web sites of Martha Stewart, Richard Scrushy, and Michael Jackson proved useful during their high-profile trials.
For more, see Reber, Gower & Robinson, "The Internet and Litigation Public Relations."
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Public Relations: A Member of the Legal Team:
“Because the matter is in litigation, it is inappropriate for us to comment.”
This is the typical reply from public relations executives to press inquiries regarding legal matters. Is this the best we can do? Does saying nothing help or hurt our clients or employers? What is PR’s role in lawsuits?
Richard S. Levick, Esq., President of Levick Strategic Communications, discusses how PR plays a critical role in litigation strategy.
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See also: Ernie Landante of Novita Issue Communications - Legal Use of E-mail in PR/PA Campaigns
E-mail is a terrific and inexpensive tool for delivering your message, but are you complying with Federal regulations? Did you know that some means of obtaining e-mail addresses are a criminal offense? We sat down with Gary A. Kibel, an attorney with Davis and Gilbert of New York, to talk about the legal uses of e-mail in a public relations or public affairs campaign. Mr. Kibel is an associate in the law firm’s New Media, Intellectual Property and Advertising, Marketing and Promotions Groups. (23 min., 16 sec.)________________________________________________________________________________________
See also James F. Haggerty's In the Court of Public Opinion:
Litigation PR is not simply press conferences on the courthouse steps,
mass-produced and distributed press releases, and late night shout fests
on Hardball or other public affairs programs.
The vast majority of lawsuits settle before trial—thus, much of litigation PR
takes place well before the case ever makes it to the courthouse.
The media exert an enormous amount of influence over the course of legal
disputes—in everything from noteworthy but small-scale cases to the most
tabloid-driven slugfests.
Litigation PR differs from virtually any other type of public relations—
especially crisis communications, its distant relative.
The “lather, rinse, repeat” tactics that most people associate with public relations—
write the press release, create the media list, arrange the press conference—usually don’t work effectively when managing a litigation story.
For a lengthier excerpt (chapter one) from In the Court of Public Opinion, visit here.
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For additional information on the kinds of services available to assist with litigation public relations, check out:
Litigation Communications
PR & Marketing Network
Arrive.net
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