Media Relations and Litigation Communications

“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

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


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.

Hiring a Media Expert for Litigation Communications

“[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