BEFORE THE REPORTER CALLS
BEFORE THE REPORTER CALLS
Why Litigation Communications Should Begin Early
By Andrea Khoury | Founder & Principal, Khoury Public Relations & Media Group
Strategic Communications + Reputation Advisory | Serving Clients Nationwide
[SEND AN EMAIL] | [CONNECT ON LINKEDIN] | [START A CONVERSATION]
For a defense attorney handling a matter with the potential to attract media attention, the first reporter call should not be the first time anyone considers communications strategy. Yet that is often exactly when the conversation begins. An email arrives from a journalist outlining allegations and requesting comment within a few hours, and suddenly counsel and the client are making consequential communications decisions while simultaneously trying to understand what the reporter knows, what is already public and what can appropriately be said.
That is a difficult environment in which to make good decisions.
Effective litigation communications begins earlier. When defense counsel can reasonably anticipate media interest, even a relatively simple communications plan can provide significantly more control over what happens when the matter becomes public. Early preparation does not mean launching a public relations campaign or proactively generating coverage. In many cases, the best communications strategy will remain almost entirely behind the scenes. The purpose is to make sure that counsel and the client have considered the media and reputational environment before they are forced to respond to it.
For defense attorneys handling criminal matters, civil litigation, investigations or other high-profile legal issues, that preparation can make the difference between making a deliberate communications decision and making one under the pressure of a rapidly approaching deadline.
THE FIRST MEDIA INQUIRY CAN CHANGE THE ENVIRONMENT QUICKLY
A reporter's inquiry often provides important information beyond the questions contained in the email. It can signal that a legal matter is about to receive public attention, reveal which allegations or documents are driving the story and provide insight into how a journalist currently understands the case.
By the time that inquiry arrives, however, the reporter may already have completed much of the reporting. Court filings have been reviewed. Other parties may have been interviewed. Public records may have been obtained. A headline or initial framing of the story may already be taking shape.
Defense counsel is then entering a communications process that has been underway without the client.
This does not mean the defense should automatically provide a substantive response. There are many legitimate legal and strategic reasons to decline comment or provide only a limited statement. What matters is that the decision is informed by an understanding of the communications environment rather than driven exclusively by the pressure of the deadline.
Early legal media strategy gives counsel time to think through those possibilities before the inquiry arrives.
START BY UNDERSTANDING WHAT IS ALREADY PUBLIC
Before determining what a client should say publicly, it is important to understand what the public can already find.
In a matter likely to attract media attention, litigation communications counsel can review existing news coverage, court documents, search results, public statements, social media conversations and other readily available information to understand the starting point. The goal is to identify what journalists and members of the public are likely to encounter when they begin researching the client or the case.
This process can also reveal gaps between the legal team's understanding of the matter and the public information available to reporters. There may be context that is important but not yet public. There may be outdated information appearing prominently in search results. There may already be factual inaccuracies circulating. In other cases, there may be very little information available, which itself should factor into whether introducing additional information publicly would be beneficial.
A sound litigation PR strategy begins with understanding that existing environment rather than assuming the legal team's knowledge of the case is the same information available to everyone else.
DECIDE WHO WILL HANDLE THE MEDIA BEFORE SOMEONE HAS TO
One of the simplest but most important decisions is establishing who will receive and manage media inquiries. Without a clear protocol, a reporter may contact the client directly, call multiple attorneys at a law firm, reach out to employees or approach people associated with the client who have no idea how they should respond.
That can create unnecessary risk and confusion.
Before media attention begins, defense counsel and communications counsel should establish a designated point of contact and determine how inquiries will be routed, documented and evaluated. The legal team should also decide who has authority to approve a response and how quickly that approval process can happen when deadlines are short.
For companies and organizations, the protocol may need to extend beyond the legal team. Executives, reception staff, employees and others who could potentially receive media inquiries should understand where those inquiries should be directed without being given unnecessary information about the underlying matter.
These are relatively simple preparations, but they become significantly harder to establish once reporters are already calling.
PREPARE FOR THE QUESTIONS YOU ARE LIKELY TO RECEIVE
Defense attorneys routinely anticipate the arguments, evidence and questions likely to arise during a legal proceeding. A similar exercise can be valuable when preparing for potential media attention.
What are reporters likely to ask? Which facts are contained in public filings? What allegations are likely to become headlines? What information might another party provide to the press? Which aspects of the case are complicated enough that they could easily be misunderstood?
Thinking through those questions does not mean counsel needs to prepare substantive answers to all of them. Some may not be appropriate to address publicly at all. The value lies in eliminating surprise.
When the legal and communications teams have already considered the likely questions, they can determine which subjects may warrant factual context, which should be referred back to public records and which should not be discussed. This is particularly important when the client may be approached unexpectedly by a reporter outside a courthouse, office or other public setting.
Preparation creates consistency, and consistency becomes especially important when a case receives sustained media attention.
A HOLDING STATEMENT CAN BUY TIME WITHOUT SAYING TOO MUCH
In some matters, preparing a holding statement before media attention begins can be useful. A holding statement is a brief, pre-approved response that acknowledges the situation without attempting to address every allegation or issue surrounding the case.
The specific language should always reflect the circumstances and be reviewed by counsel, but the strategic value is straightforward: the team has something available if an immediate response becomes necessary.
A prepared statement can prevent the client or attorney from improvising language under deadline pressure and can provide time to evaluate whether a more substantive response is appropriate later. It can also establish consistency if multiple reporters begin contacting the client at the same time.
Importantly, preparing a statement does not mean it must be issued. Some of the most useful materials developed during crisis communications for litigation are never made public. Their value lies in giving the legal team options.
PREPARE THE CLIENT EVEN IF THE CLIENT WILL NOT BE SPEAKING
A client who has been instructed not to speak with the media still needs preparation.
If a case attracts attention, reporters may attempt to contact the client directly by phone, email, social media or in person. They may approach the client entering or leaving court. A television camera may be present unexpectedly. Friends, relatives, employees or business associates may also begin asking questions.
Clients should understand in advance how those situations will be handled and who should receive any inquiries. They should also understand that seemingly informal interactions can become public and that comments made outside a formal interview may still be reported.
This is one reason media preparation during high-profile litigation should not be limited to clients who are scheduled for interviews. The objective is to reduce the likelihood that a stressful, unexpected interaction creates a communications problem that did not previously exist.
UNDERSTAND THE DIFFERENCE BETWEEN PREPARATION AND PUBLICITY
One concern defense attorneys may understandably have about bringing a public relations professional into an active legal matter is whether doing so will create unnecessary attention.
It should not.
Experienced litigation communications is fundamentally different from traditional promotional PR. The goal is not to generate headlines, increase visibility or place the client in the news. The goal is to understand and manage an existing or reasonably foreseeable communications environment.
For many clients, the strategy may consist primarily of monitoring coverage, preparing for inquiries, developing approved messaging and advising the legal team without any proactive media engagement whatsoever. For others, circumstances may warrant providing factual information, correcting material inaccuracies or engaging selectively with reporters.
The appropriate strategy depends on the legal matter, the client's profile, the level of media attention, the reputational consequences and the direction of defense counsel.
A communications advisor should be as comfortable recommending silence as recommending a statement.
EARLY MEDIA MONITORING CAN IDENTIFY PROBLEMS BEFORE THEY GROW
Once a matter becomes public, media monitoring and narrative analysis can help defense counsel understand how the story is developing beyond individual articles. The objective is not simply to collect every mention of the client. It is to identify patterns that may matter.
Are multiple outlets repeating the same inaccurate fact? Is a particular characterization beginning to define the case? Has coverage expanded from local media to national outlets? Are reporters relying heavily on one source or document? Is public interest accelerating, remaining stable or beginning to decline?
That information can help counsel evaluate whether engagement is necessary.
A single inaccurate statement in a low-visibility article may not justify a response. The same inaccurate information appearing across numerous publications and becoming part of the accepted narrative may warrant a different discussion.
Without monitoring, those developments can be difficult to recognize until they have already gained significant traction.
LEGAL STRATEGY AND COMMUNICATIONS STRATEGY SHOULD DEVELOP TOGETHER
The attorney's responsibility is the legal case. Communications counsel's responsibility is the external media and reputational environment. When the two functions work together, defense counsel can consider public communications with a clearer understanding of both the legal implications and the way information may be interpreted outside the courtroom.
This coordination is especially valuable around predictable developments in a case. Hearings, filings, rulings, indictments, trial dates and other procedural milestones can create renewed media attention. If the team knows those moments are approaching, communications decisions can be considered in advance rather than after reporters begin requesting comment.
Nothing about this changes the fundamental hierarchy. Legal strategy comes first. Communications strategy should be developed in support of it and within the boundaries established by counsel.
The advantage of starting early is simply that the team has time to make those decisions thoughtfully.
EARLY PREPARATION CREATES OPTIONS
The greatest benefit of early litigation communications planning is not necessarily more media coverage or even better media coverage. It is having more options when something happens.
When the legal team has already assessed the public environment, established a media protocol, considered likely questions, prepared the client and developed potential response language, a reporter's inquiry becomes something the team is equipped to evaluate rather than an unexpected crisis.
Counsel may ultimately decide to provide a statement, offer limited factual context, request a correction or decline to comment. The appropriate decision will depend on the case. What changes is the environment in which that decision is made.
Instead of beginning with a reporter's deadline, the team begins with a strategy.
For defense attorneys handling matters with significant media or reputational implications, that is the central purpose of litigation communications and legal media advisory: not to create publicity, but to make sure counsel and clients are prepared before publicity finds them.
LITIGATION COMMUNICATIONS & LEGAL MEDIA ADVISORY
Andrea Khoury is Founder & Principal of Khoury Public Relations & Media Group and a strategic communications and reputation advisor. She works with defense attorneys, law firms, executives, companies and their clients on litigation communications, legal media strategy, crisis communications, reputation management and other high-stakes matters involving significant public attention.
Khoury Public Relations & Media Group provides litigation communications, legal PR, crisis communications, media relations and reputation advisory services for defense attorneys and their clients nationwide. Andrea works directly with legal counsel to prepare for media attention, manage reporter inquiries, monitor developing narratives, prepare clients and develop communications strategies that respect the legal process and support the direction of counsel.
Why Litigation Communications Should Begin Early
By Andrea Khoury | Founder & Principal, Khoury Public Relations & Media Group
Strategic Communications + Reputation Advisory | Serving Clients Nationwide
[SEND AN EMAIL] | [CONNECT ON LINKEDIN] | [START A CONVERSATION]
For a defense attorney handling a matter with the potential to attract media attention, the first reporter call should not be the first time anyone considers communications strategy. Yet that is often exactly when the conversation begins. An email arrives from a journalist outlining allegations and requesting comment within a few hours, and suddenly counsel and the client are making consequential communications decisions while simultaneously trying to understand what the reporter knows, what is already public and what can appropriately be said.
That is a difficult environment in which to make good decisions.
Effective litigation communications begins earlier. When defense counsel can reasonably anticipate media interest, even a relatively simple communications plan can provide significantly more control over what happens when the matter becomes public. Early preparation does not mean launching a public relations campaign or proactively generating coverage. In many cases, the best communications strategy will remain almost entirely behind the scenes. The purpose is to make sure that counsel and the client have considered the media and reputational environment before they are forced to respond to it.
For defense attorneys handling criminal matters, civil litigation, investigations or other high-profile legal issues, that preparation can make the difference between making a deliberate communications decision and making one under the pressure of a rapidly approaching deadline.
THE FIRST MEDIA INQUIRY CAN CHANGE THE ENVIRONMENT QUICKLY
A reporter's inquiry often provides important information beyond the questions contained in the email. It can signal that a legal matter is about to receive public attention, reveal which allegations or documents are driving the story and provide insight into how a journalist currently understands the case.
By the time that inquiry arrives, however, the reporter may already have completed much of the reporting. Court filings have been reviewed. Other parties may have been interviewed. Public records may have been obtained. A headline or initial framing of the story may already be taking shape.
Defense counsel is then entering a communications process that has been underway without the client.
This does not mean the defense should automatically provide a substantive response. There are many legitimate legal and strategic reasons to decline comment or provide only a limited statement. What matters is that the decision is informed by an understanding of the communications environment rather than driven exclusively by the pressure of the deadline.
Early legal media strategy gives counsel time to think through those possibilities before the inquiry arrives.
START BY UNDERSTANDING WHAT IS ALREADY PUBLIC
Before determining what a client should say publicly, it is important to understand what the public can already find.
In a matter likely to attract media attention, litigation communications counsel can review existing news coverage, court documents, search results, public statements, social media conversations and other readily available information to understand the starting point. The goal is to identify what journalists and members of the public are likely to encounter when they begin researching the client or the case.
This process can also reveal gaps between the legal team's understanding of the matter and the public information available to reporters. There may be context that is important but not yet public. There may be outdated information appearing prominently in search results. There may already be factual inaccuracies circulating. In other cases, there may be very little information available, which itself should factor into whether introducing additional information publicly would be beneficial.
A sound litigation PR strategy begins with understanding that existing environment rather than assuming the legal team's knowledge of the case is the same information available to everyone else.
DECIDE WHO WILL HANDLE THE MEDIA BEFORE SOMEONE HAS TO
One of the simplest but most important decisions is establishing who will receive and manage media inquiries. Without a clear protocol, a reporter may contact the client directly, call multiple attorneys at a law firm, reach out to employees or approach people associated with the client who have no idea how they should respond.
That can create unnecessary risk and confusion.
Before media attention begins, defense counsel and communications counsel should establish a designated point of contact and determine how inquiries will be routed, documented and evaluated. The legal team should also decide who has authority to approve a response and how quickly that approval process can happen when deadlines are short.
For companies and organizations, the protocol may need to extend beyond the legal team. Executives, reception staff, employees and others who could potentially receive media inquiries should understand where those inquiries should be directed without being given unnecessary information about the underlying matter.
These are relatively simple preparations, but they become significantly harder to establish once reporters are already calling.
PREPARE FOR THE QUESTIONS YOU ARE LIKELY TO RECEIVE
Defense attorneys routinely anticipate the arguments, evidence and questions likely to arise during a legal proceeding. A similar exercise can be valuable when preparing for potential media attention.
What are reporters likely to ask? Which facts are contained in public filings? What allegations are likely to become headlines? What information might another party provide to the press? Which aspects of the case are complicated enough that they could easily be misunderstood?
Thinking through those questions does not mean counsel needs to prepare substantive answers to all of them. Some may not be appropriate to address publicly at all. The value lies in eliminating surprise.
When the legal and communications teams have already considered the likely questions, they can determine which subjects may warrant factual context, which should be referred back to public records and which should not be discussed. This is particularly important when the client may be approached unexpectedly by a reporter outside a courthouse, office or other public setting.
Preparation creates consistency, and consistency becomes especially important when a case receives sustained media attention.
A HOLDING STATEMENT CAN BUY TIME WITHOUT SAYING TOO MUCH
In some matters, preparing a holding statement before media attention begins can be useful. A holding statement is a brief, pre-approved response that acknowledges the situation without attempting to address every allegation or issue surrounding the case.
The specific language should always reflect the circumstances and be reviewed by counsel, but the strategic value is straightforward: the team has something available if an immediate response becomes necessary.
A prepared statement can prevent the client or attorney from improvising language under deadline pressure and can provide time to evaluate whether a more substantive response is appropriate later. It can also establish consistency if multiple reporters begin contacting the client at the same time.
Importantly, preparing a statement does not mean it must be issued. Some of the most useful materials developed during crisis communications for litigation are never made public. Their value lies in giving the legal team options.
PREPARE THE CLIENT EVEN IF THE CLIENT WILL NOT BE SPEAKING
A client who has been instructed not to speak with the media still needs preparation.
If a case attracts attention, reporters may attempt to contact the client directly by phone, email, social media or in person. They may approach the client entering or leaving court. A television camera may be present unexpectedly. Friends, relatives, employees or business associates may also begin asking questions.
Clients should understand in advance how those situations will be handled and who should receive any inquiries. They should also understand that seemingly informal interactions can become public and that comments made outside a formal interview may still be reported.
This is one reason media preparation during high-profile litigation should not be limited to clients who are scheduled for interviews. The objective is to reduce the likelihood that a stressful, unexpected interaction creates a communications problem that did not previously exist.
UNDERSTAND THE DIFFERENCE BETWEEN PREPARATION AND PUBLICITY
One concern defense attorneys may understandably have about bringing a public relations professional into an active legal matter is whether doing so will create unnecessary attention.
It should not.
Experienced litigation communications is fundamentally different from traditional promotional PR. The goal is not to generate headlines, increase visibility or place the client in the news. The goal is to understand and manage an existing or reasonably foreseeable communications environment.
For many clients, the strategy may consist primarily of monitoring coverage, preparing for inquiries, developing approved messaging and advising the legal team without any proactive media engagement whatsoever. For others, circumstances may warrant providing factual information, correcting material inaccuracies or engaging selectively with reporters.
The appropriate strategy depends on the legal matter, the client's profile, the level of media attention, the reputational consequences and the direction of defense counsel.
A communications advisor should be as comfortable recommending silence as recommending a statement.
EARLY MEDIA MONITORING CAN IDENTIFY PROBLEMS BEFORE THEY GROW
Once a matter becomes public, media monitoring and narrative analysis can help defense counsel understand how the story is developing beyond individual articles. The objective is not simply to collect every mention of the client. It is to identify patterns that may matter.
Are multiple outlets repeating the same inaccurate fact? Is a particular characterization beginning to define the case? Has coverage expanded from local media to national outlets? Are reporters relying heavily on one source or document? Is public interest accelerating, remaining stable or beginning to decline?
That information can help counsel evaluate whether engagement is necessary.
A single inaccurate statement in a low-visibility article may not justify a response. The same inaccurate information appearing across numerous publications and becoming part of the accepted narrative may warrant a different discussion.
Without monitoring, those developments can be difficult to recognize until they have already gained significant traction.
LEGAL STRATEGY AND COMMUNICATIONS STRATEGY SHOULD DEVELOP TOGETHER
The attorney's responsibility is the legal case. Communications counsel's responsibility is the external media and reputational environment. When the two functions work together, defense counsel can consider public communications with a clearer understanding of both the legal implications and the way information may be interpreted outside the courtroom.
This coordination is especially valuable around predictable developments in a case. Hearings, filings, rulings, indictments, trial dates and other procedural milestones can create renewed media attention. If the team knows those moments are approaching, communications decisions can be considered in advance rather than after reporters begin requesting comment.
Nothing about this changes the fundamental hierarchy. Legal strategy comes first. Communications strategy should be developed in support of it and within the boundaries established by counsel.
The advantage of starting early is simply that the team has time to make those decisions thoughtfully.
EARLY PREPARATION CREATES OPTIONS
The greatest benefit of early litigation communications planning is not necessarily more media coverage or even better media coverage. It is having more options when something happens.
When the legal team has already assessed the public environment, established a media protocol, considered likely questions, prepared the client and developed potential response language, a reporter's inquiry becomes something the team is equipped to evaluate rather than an unexpected crisis.
Counsel may ultimately decide to provide a statement, offer limited factual context, request a correction or decline to comment. The appropriate decision will depend on the case. What changes is the environment in which that decision is made.
Instead of beginning with a reporter's deadline, the team begins with a strategy.
For defense attorneys handling matters with significant media or reputational implications, that is the central purpose of litigation communications and legal media advisory: not to create publicity, but to make sure counsel and clients are prepared before publicity finds them.
LITIGATION COMMUNICATIONS & LEGAL MEDIA ADVISORY
Andrea Khoury is Founder & Principal of Khoury Public Relations & Media Group and a strategic communications and reputation advisor. She works with defense attorneys, law firms, executives, companies and their clients on litigation communications, legal media strategy, crisis communications, reputation management and other high-stakes matters involving significant public attention.
Khoury Public Relations & Media Group provides litigation communications, legal PR, crisis communications, media relations and reputation advisory services for defense attorneys and their clients nationwide. Andrea works directly with legal counsel to prepare for media attention, manage reporter inquiries, monitor developing narratives, prepare clients and develop communications strategies that respect the legal process and support the direction of counsel.
For confidential litigation communications inquiries:
ANDREA KHOURY, Founder & Principal | Chief Communications Officer, Khoury Public Relations & Media Group
Strategic Communications + Reputation Advisory | Serving Clients Nationwide
[SEND AN EMAIL] | [CONNECT ON LINKEDIN] | [START A CONVERSATION]
ANDREA KHOURY, Founder & Principal | Chief Communications Officer, Khoury Public Relations & Media Group
Strategic Communications + Reputation Advisory | Serving Clients Nationwide
[SEND AN EMAIL] | [CONNECT ON LINKEDIN] | [START A CONVERSATION]