The Media and Your Case: Winning in the Court of Public Opinion

Litigation and investigations are not completed in a vacuum. In the modern era, social media, 24/7 news cycles, and the boom of online trade magazines have brought more scrutiny on clients dealing with disputes in the legal system. Attorneys must consider all the external forces that will comment publicly on their clients' disputes and how that could affect their reputation, brand, and goodwill. Additionally, winning in the legal courtroom but losing in the court of public opinion can have disastrous effects on clients who spent lifetimes building their reputations.  

This CLE program, taught by Vianovo partner Hector M. Valle, illustrates why it is important to have a communications strategy while demonstrating how to build an effective message and a process for a communications strategy. Importantly, attendees will learn how to effectively communicate with the public about a case while maintaining ethical standards for attorney-client privilege, protecting work products, and shielding confidential strategies. Mr. Valle discusses relevant ABA Model rules and case law associated with making public statements and the ethical considerations when commenting on pending litigation. This is a necessary class for the modern attorney; define the moment, or the moment will define you and your client.

Learning Objectives:

1. Communicate with the public about a case while maintaining ethical standards for attorney-client privilege, protecting work product, and shielding confidential strategies

2. Identify and apply relevant ABA Model rules and case law associated with making public statements and the ethical considerations when commenting on pending litigation

3. Consider sources that may comment publicly on client disputes and the effect on a client's reputation