The Bar: Courting Opinion
Barristers are beginning to follow the US trend of hiring public relations firms, finds Ronel Lehmann
December 06, 2006 at 07:03 PM
6 minute read
The Heather Mills and Paul McCartney divorce saga is a journalist's dream, which of course means that the potential for a PR disaster is huge. But while the risks to the reputations – and media profiles – of the two protagonists are obvious, the concern for Mills' legal team is intrinsically linked and just as worrisome.
The fact that it made headlines in the Daily Mail when Mishcon de Reya, Ms Mills' law firm, hired its own PR firm to try to stop a series of leaks that had threatened to derail the multimillion-pound divorce claim shows just how important the media is now in litigation. Mills had already hired her own showbiz PR advisers, but they were replaced in litigation support by a team that Mishcons has used in the past, with partner and solicitor-advocate Anthony Julius apparently deciding that the coverage threatened not just the case, but also his reputation and that of his firm, in a market where discretion is paramount.
The appointment is a clear sign of solicitors and barristers beginning to react to their clients' needs and appreciate the need to manage the media for, and in conjunction with, their clients as part of a joined-up approach to the litigation strategy. This sort of arrangement is commonplace in financial transactions, where bankers will take charge of the appointment of other advisers, but it is relatively new in the law, particularly on this side of the Atlantic. It will surprise no one to hear that it has its roots in the US, where it is an industry all of its own. There, law firms will not only engage PR firms on behalf of their clients, they will also on occasion employ in-house services to provide communications guidance for clients and lawyers in tandem.
We are being asked more and more by law firms and barristers to act for their clients, enabling us to get a thorough overview and understanding of the case and its implications from the outset. Another recent high-profile case is that of the Natwest Three, where the legal adviser was instrumental in the appointment of a PR firm that acted on a pro bono basis. Again, the media coverage was considerable and although the combined team was unable to prevent the extradition, it is unlikely the British Government will enter into such a onesided extradition treaty again in the near future.
For barristers, the important thing in any litigation likely to warrant media interest is to seize the initiative at the outset. We always tell our clients to be proactive, because there is no point in waiting until the frazzled court reporter rings up close to deadline for a comment: you need to brief key journalists in advance so that they understand the intricacies of your case. These writers are working to tough timescales, and their copy can fall into the hands of rushed sub-editors looking for the shock headline all too easily. High-profile litigation is frequently complex, and most reporters will appreciate you taking the time to explain the facts to them.
Public and media relations should be at the forefront of considerations in any corporate litigation, as well as in high-profile criminal cases or celebrity disputes. The court of public opinion undoubtedly influences the views of prospective jurors, and bad publicity can affect not just reputations but also stock prices.
Every case is different, and while for some the most appropriate strategy may be to engage the media, others will want to stay out of the press, or manage what is written as best they can. The issue may not just be external either – internal communication of a contentious issue can help to diminish or eliminate the risk of business disruption caused by a high-profile courtroom battle.
Litigation support from a PR firm can be very helpful to raise the profile of the case and be used as a tactic in the armoury of a dispute resolution team. Pressure exerted through public forums can encourage the other side to settle, and it can of course do the exact opposite. But to overlook it as an option for fear of the latter is not necessarily the best approach.
Another concern that I often hear from lawyers who are thinking about taking this route is that court orders will be breached and information will leak out that should not be in the public arena. By way of reassurance, it is worth remembering that the journalists writing these stories, though harassed, will be well aware of behaving within acceptable practice, for fear of the consequences. Furthermore, a professional PR person would hope to be in regular contact not just with the client, but with the solicitor and the barrister on the case as well, and would not speak about anything without first getting permission of all those concerned. Indeed, it is not uncommon for us to be invited to attend meetings of the entire legal team and be involved at the outset in the strategic planning for the action.
Historically, lawyers and public relations professionals inhabited very different universes, but things have changed. While celebrity cases like the Mills-McCartney divorce have always hit the headlines, newspapers are dedicating more and more coverage to civil corporate disputes, and the thirst for information is insatiable. We are receiving more and more instructions from barristers who have worked on high-profile cases and wish to receive the recognition they deserve in the press, and we have also worked on the launch of some of the new sets of chambers that have sprung up in recent years. Both these types of work demonstrate the growing importance of public profile, not just for the cases the Bar is working on, but for the Bar and its members themselves.
Nowadays, any smart barrister must recognise that public opinion is something that just cannot be ignored. Lawyers do not always enjoy the unpredictable forum of the press, accustomed as they are to environments with rules and procedures, but burying their heads in the sand is not the answer.
Think back to the spectacular collapses of the Equitable Life and BCCI cases last year, and the negative coverage heaped on some of the law firms involved in bringing the disputes to court. This is no longer just about strategic positioning of your client's arguments; it is about protecting your own reputation too. Mishcon de Reya has found itself on the receiving end of some considerable national press coverage in recent weeks, as did the counsel involved in Equitable Life and BCCI.
Thinking ahead can help avoid the same happening to you, and with the branding of barristers' chambers rapidly becoming as important as it is for those image-conscious law firms, you may be well advised to call for back-up.
Ronel Lehmann is chief executive of Lehmann Communications.
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