Category: Litigation Communications

Media Relations and Litigation Communications

Posted on by Carrie Cecil

“Dealing with the media in a high-profile case probably is not a matter for amateurs…Lawyers cannot be faulted for concluding that professional public relations advice was needed.”–Judge Lewis Kaplan of the U.S. District Court for the Southern District of New York re: grand jury

The higher profile the case, the more requests for comment are received. Savvy reporters and journalists know how to disarm their sources.  And while it’s flattering to be sought after, members of the legal team must stay focused on the case/client:  

1.    Understand the rules of “on the record” and “off the record.” 

2.    Be professional, polite and speak definitely.

3.    Share prepared key messages with the reporter to stay aligned with the legal strategy.

When the reporter persists, which they undoubtedly will, as it’s their job, use bridge transitions such as, “Thank you for your interest, but the real point is…”  “May we schedule another time to talk?” Transitions will professionally point the conversation in a new direction, place it on pause and give the litigation communications team time to research the following:

1.    Who is the reporter?

2.    What publication or outlet does the reporter represent? 

3.    Does the reporter have knowledge of the story? 

4.    Has the reporter previously covered the story? 

5.    What is the reporter’s story angle?

6.    Who else has the reporter spoken to?

7.    What is the reporter’s deadline? 

As appropriate, the litigation communications team will arrange for an interview with a representative from the legal team and/or the client.  Preparations such as media training, Q&A sessions, and mock interviews will be held prior to the interview to ensure the conversation is aligned with the overall reputation management strategy.

ANACHEL Communications specializes in high-profile litigation, crisis and strategic communications.  Our media training program and bespoke reputation management practitioners help our clients navigate the narratives when it matters most.  Reach out to carrie@anachel.com to find out how our expertise and experience can help your practice and clients.

Access is Key to Unlocking Litigation Communications Expertise

Posted on by Carrie Cecil

The biggest mistake legal teams make when engaging a litigation communications expert is failing to give access. Access to all relevant members of the legal team and transparency regarding the legal strategy is key to unlocking litigation communications expertise.  With privilege in place, the legal team can safely do the following:

1.    Provide the litigation communications team with relevant information as it becomes available.

2.    Ask for input on how legal actions might be viewed through the media lens.

3.    Honor the process:  reputation management works best when it is proactive.  

4.    Discuss potential outcomes to help the team prepare a character/brand profile and counter/supportive narratives ahead of time.

5.    Share anticipated filings:  communications experts can provide input (tone, language) on the document to maximize positive media impact.

Litigation communications experts work with the media to create more balanced, accurate, and less sensational coverage of a lawsuit.  Through reputation management practices and media strategies, litigation communications experts insist coverage of a lawsuit goes beyond the victim versus villain narrative.  

Are you an attorney who would like to learn more about how outside communications counsel can benefit your legal team? Reach out to carrie@anachel.com. ANACHEL Communications specializes in high-profile litigation, crisis and strategic communications.  Our media training program and bespoke reputation management practitioners help our clients navigate the narratives when it matters most.

Maintaining Privilege: Litigation Communications

Posted on by Carrie Cecil


Establishing privilege between a legal team and a litigation communications team is only the first step. Before you can start to work, the following four best practices must be put into place:

1.    Establish clear communications channels for exclusive use by the legal and communications teams and exclusively for the case/client in question.

2.    Identify all written communications with an “Attorney-Client work product” stamp.

3.    Keep it clean:  Only the attorney and the communications expert should meet, talk, email, converse. Neither the communications expert nor any members of the litigation communications team should ever directly engage with the client.

4.    Prevent information leaks: establish a process (examples: automatic expiration dates for e-files, shredding practices for paper documents) for secure disposal and destruction of all written communications.

Are you an attorney who would like to learn more about setting and maintaining the privilege between your communications experts and the legal team? Reach out to carrie@anachel.com

ANACHEL Communications specializes in high-profile litigation, crisis and strategic communications.  Our media training program and bespoke reputation management practitioners help our clients navigate the narratives when it matters most.

Establishing Privilege: Litigation Communication

Posted on by Carrie Cecil

Strategic communications efforts such as media outreach, publication of OpEds and owned media/social media activity is legal so long as these efforts serve the overarching legal strategy.  However, privilege in litigations communications is not a given and must be established. In Calvin Klein Trademark Trust v. Wachner, privilege was not granted in part because the law firm’s client had a preexisting relationship with the strategic communications firm where it also performed public relations services not related to litigation.

So how is privilege defined, and why is having it so essential to litigation communications strategies? In the law of evidence, a privilege is a rule of evidence that allows the holder of the privilege to refuse to disclose information or provide evidence about a certain subject or to bar such evidence from being disclosed or used in a judicial or other proceeding (Wikipedia).

Privilege between the legal team and the litigation communications team is vital and can be established by employing these three best practices:

1.    When initiating the engagement, the contract should be between the law firm and the agency, like us. Not the client.

2.    The contract should clearly state that the purpose of the work is to provide “expert” strategic communications advice for litigation or in anticipation of litigation.

3.    The scope of the work should use specific wording that connects the communications efforts to the legal strategy.

Would you like to know more about setting and maintaining the privilege between your communications experts and the legal team? Reach out to carrie@anachel.com.

ANACHEL Communications specializes in high-profile litigation, crisis and strategic communications.  Our media training program and bespoke reputation management practitioners help our clients navigate the narratives when it matters most.

Hiring a Media Expert for Litigation Communications

Posted on by Carrie Cecil

“[T]he ability of lawyers to perform some of their most fundamental client functions…would be undermined seriously if lawyers were not able to engage in frank discussions of facts and strategies with the lawyers’ public relations consultants.” — Judge Lewis Kaplan of the U.S. District Court for the Southern District of New York regarding grand jury.

Because there are strategic aims and sensitive rules around disclosure during court proceedings, it takes more than a general knowledge of public relations strategy to manage litigation communications. Effective litigation communications requires a professional who understands the legal process, knows how to read filings and has case-specific/litigation experience. 

The ideal litigation communication media expert believes in the power of relationships: he/she will become a part of the legal team, working in lockstep with the lawyers, and will provide the team with access to media and journalists who will be covering the case.    

When hiring a media expert to handle litigation communications, ask about data forensics as it is essential they are up-to-date on the latest developments. The ideal partner will know how listening tools work, engage in active monitoring and analysis, understand how both reporting and rumor are impacting a case, and proactively recommend public appearances and information release.

ANACHEL Communications specializes in high-profile litigation, crisis and strategic communications.  Our media training program and bespoke reputation management practitioners help our clients navigate the narratives when it matters most.  To learn more about our litigation communications practice or book a confidential consultation to learn how we can help, feel free to email carrie@anachel.com. 

Helping Litigators Win in the Court of Public Opinion

Posted on by Carrie Cecil

“A defense attorney may pursue lawful strategies to obtain dismissal of an indictment or reduction of charges, including an attempt to demonstrate in the court of public opinion that the client does not deserve to be tried.”

Supreme Court Justice Anthony Kennedy re Gentile v. State Bar of Nevada

Is it inappropriate to engage a communications professional to influence the outcome of the court case by encouraging early or favorable settlement or by pressuring the prosecution into bringing lesser or no charges?  Absolutely not!  In fact, it would be unprofessional not to: every case or dispute is tried in front of a judge within the legal system AND in the court of public opinion on social media and influencer circles.  

All too often, perceptions become reality.  A case could be settled in favor of a defendant but, due to a poor communications strategy before or during a trial, the defendant’s reputation could suffer permanent damage, resulting in financial and opportunity loss.

The litigation communications experts at ANACHEL Communications specialize in high-profile reputation management.  We carefully craft media relations strategies for our clients so that when litigation is resolved, careers and livelihoods continue to thrive.

If you’re an attorney who would like to hear more about our approach to litigation communications or book a confidential consultation to learn how we can help your practice, feel free to email info@anachel.com. 

Litigation Communications v. Strategic Communications

Posted on by Carrie Cecil

Litigation Communications is a specialty within strategic communications. Litigation communication strategies are laser-focused plans created in lockstep with legal strategies prior to, and throughout high-stakes legal disputes. They are designed to establish and protect proper narratives and defend an individual, company, or organization facing a legal action.

As public exposure of court cases has increased, plaintiffs and prosecutors utilize the media to get their side of the story out and to sway constituents’ opinions. It has created a massive need for experienced litigation communications for the following reasons: 

  • there is a greater focus on the legal implications of any communications,
  • there are strategic aims and sensitive rules around disclosure during court proceedings, and
  • digital publishing and social media platforms have hastened the proliferation and permanence of information and opinion, both positive and negative.
  • a corporation or individual may win the court of law but lose in the court of public opinion causes irreparable financial and brand damage.

ANACHEL Communications specializes in high-profile litigation, crisis and strategic communications.  Our media training program and bespoke reputation management practitioners help our clients navigate the narratives when it matters most.  To learn more about our and book a confidential consultation to learn how we can help, feel free to email info@anachel.com.