"...a news conference can be a powerful tool to garner support and highlight important issues. However, it also carries risks that must be managed meticulously."
Deciding whether to hold a news conference can be a pivotal moment in any high-profile legal case. Whether you're winding up a six-week trial against a giant technology company for unfair business practices or filing a lawsuit on behalf of an alleged sexual assault victim against a celebrity, the stakes are high for you, your firm and your client.
Before you gather journalists on the courthouse steps or in your law firm's conference room, it’s crucial to carefully consider if a news conference is right for this matter. Holding a news conference could significantly impact your client's case, the public’s perception of both you and your client and your credibility with the news media.
Here are the five questions to consider before sending invitations to the press:
Does It Look Like Things Will Go Well for Your Client?
The first and most critical question to ask is whether the legal situation at hand makes your client look favorable or is likely to go their way. Publicly announcing developments in a case where the outcome is uncertain or potentially personally or professionally negative can backfire, leading to bad press and damaging your client’s reputation. Consider these points:
- Strength of the Case: Assess the evidence and legal arguments. If your case is robust and well-supported, a news conference can help sway public opinion and put pressure on the opposition.
- Judicial Decisions: If the trial or hearing has concluded, wait for the judge’s ruling. Announcing a victory prematurely can lead to credibility issues if the decision doesn't go your way.
- Client’s Position: Ensure your client is prepared for the public scrutiny that follows a news conference. They must be ready to handle the media’s questions and the possible backlash.
Will the Exposure Harm Your Client?
Media exposure is a double-edged sword. While it can generate support and highlight injustices, it can also attract negative attention and scrutiny.
- Privacy Concerns: Consider the emotional and psychological impact of media exposure on your client, especially if they are the victim of violence, sexual assault or an egregious medical error. Is your client prepared for the intense media scrutiny and potential invasion of their personal life?
- Public Perception: Gauge how the public might react. In cases involving celebrities, public officials or large corporations, public opinion can be polarized. Negative reactions can affect the client’s personal and professional life, as well as the trial’s outcome.
- Long-term Implications: Think about the long-term effects on your client’s career, personal life and mental health. Sometimes, the harm of exposure outweighs the potential benefits of public support.
Is There a Good Story to Tell?
Journalists thrive on compelling stories. If your case involves an emotional component, an interesting set of facts, significant social issues or has the potential to set a legal precedent, it might attract more interest and support.
- Narrative Potential: Consider the narrative you want to present. Cases against large companies can highlight broader issues of corporate accountability and consumer rights. Lawsuits against high-profile individuals can bring attention to ongoing social justice issues, such as the #MeToo movement and police accountability.
- Human Interest: If possible, humanize your client and their struggle. This approach can generate empathy and support from the public and the media.
- Legal and Social Impact: Highlight the broader implications of the case. Will the outcome lead to significant changes in the industry or society? A case with far-reaching consequences is more likely to attract media attention.
Is There a Visual Element?
In deciding whether to hold a news conference, the visual element is crucial because cameras will be present. Consider how you and your client will appear on camera. Think about the benefits of your client speaking directly to reporters and if those outweigh any potential drawbacks. Will the story land with impact and evoke empathy when told by those impacted? Also consider if you can use visuals, such as photos or graphs.
If the news lacks compelling visuals or an impactful storyteller, consider instead sending a press release with photo or video attachments. Journalists, like everyone, are short on time — so don’t waste theirs by bringing them to a news conference to give them information that could have been conveyed via email or a telephone call.
Would a News Conference Violate Any Professional Responsibility or Ethics Rules?
Before deciding to hold a news conference, it is crucial to consider the ethical obligations outlined in the American Bar Association Model Rules of Professional Conduct. Specifically, Rule 1.6 dealing with client confidentiality and Rule 3.6 regarding the potential impact of public statements on the fairness of a trial, are particularly pertinent in this context.
- Informed Consent: Before disclosing any information during a news conference, ensure that your client has given informed consent. Explain the potential risks and benefits of going public and confirm their understanding and agreement.
- Scope of Disclosure: Limit the information disclosed to what is necessary for the news conference. Avoid revealing sensitive details that could harm your client or affect the case’s outcome.
- Protecting Client Interests: Ensure that any disclosure aligns with protecting your client’s interests and does not expose them to additional harm or risk.
- Avoid Prejudicial Statements: Ensure that any statements made during the news conference do not have a substantial likelihood of materially prejudicing an adjudicative proceeding. Avoid discussing specific evidence, witness testimony or other sensitive details that could influence the trial.
- Permissible Disclosures: Stick to information that is permissible under Rule 3.6(b), such as public records, procedural updates or factual details that do not risk prejudicing the case.
- Mitigating Negative Publicity: If the news conference is necessary to counteract adverse publicity not initiated by you or your client, ensure that your statements are carefully crafted to mitigate harm without exacerbating the situation.
Weighing the Pros and Cons
Before making a final decision, weigh the pros and cons of holding a news conference.
Pros:
- Increased Public Support: A well-handled news conference can generate public sympathy and support for your client.
- Pressure on the Opposition: Media attention can put pressure on the opposing party, potentially leading to more favorable settlement offers or concessions.
- Highlighting Injustices: Public exposure can bring attention to significant issues, encouraging broader societal change.
Cons:
- Negative Scrutiny: Media exposure can attract negative attention and scrutiny, potentially harming your client’s reputation and mental well-being.
- Uncontrolled Narrative: Once the story is out, controlling the narrative becomes challenging. Misinterpretations and negative spin can occur.
- Impact on Trial: Public statements can inadvertently affect the trial, leading to claims of bias or influencing the jury.
Holding a news conference is a strategic decision that requires careful consideration of various factors. If done correctly, a news conference can be a powerful tool to garner support and highlight important issues. However, it also carries risks that must be managed meticulously. By asking the tough questions and preparing thoroughly, you can navigate this complex decision with confidence, ensuring the best possible outcome for your client.
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Denise Nix, principal of Nix Strategic Communications, was an award-winning legal reporter who now provides public relations and marketing communications support to law and other professional services firms. Reach her at denise@nixstrategiccommunications.com.
Brenda McGann, a former legal editor and attorney, is managing partner of Zumado Public Relations, a full-service communications firm retained by law and other professional services firms nationwide. Contact Brenda at bmcgann@zumado.com.
