Lawyers frequently retain media or public relations consultants to assist in their representation of clients in high-profile or complex litigations or investigations, generally taking steps to protect their communications with these consultants from disclosure. Efforts to obtain such communications are infrequently litigated, but a handful of reported decisions make clear that not all communications between attorneys and their public relations consultants are discovery-proof.
We discuss below a decision earlier this year by Southern District Judge Katherine B. Forrest ordering disclosure of litigation-related communications with a public relations firm. That decision surveys the relevant case law and underscores both the substantive and procedural requirements for maximizing the chances that such communications will not be delivered into the hands of a litigation adversary.
‘Bloomingburg’
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