Tag: media expert

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.

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.