Litigation PR
The Royal Courts of Justice, popularly known as the Old Bailey, in London is a beautiful old building. Tom, a lawyer and a guide for London Walks, told me that since photography was not permitted inside the Old Bailey, it was common practice for TV crews to report cases against its backdrop.
I have decided to do the same with my post on Litigation PR (henceforth known as LPR)!
The Old Bailey
In court cases, plaintiffs and defendents are warned by judges not to influence the ultimate verdict outside the courtroom.
Even 20 years back, I believe that this would have been possible. But in today’s times of the media reporting ‘happenings’ even before they happen? Forget it.
This is where LPR comes in. It is believed that publicity has the potential of influencing public opinion and that is a powerful tool for any lawyer, plaintiff, or defendant.
LPR encompasses the behind-the-scenes communications support needed by the legal team to win their case, not just in the court of law, but also in the court of public opinion.
A victory in the court of public opinion engineered by LPR sometimes has more impact than the actual courtroom verdict.
One just has to recall the cases of OJ Simpson and former US President Bill Clinton’s ‘Monicagate’. Both scored significant wins in the courts of public opinion after initial scepticism.
Though the ethics of LPR is hotly debated (‘Litigation Public Relations: Problems and Limits’, by D.C. Gibson and M.E. Padilla), lawyers have realised that LPR provides their clients with many advantages.
2006, Praeger Publishers, pp.204
This is the reason law firms get LPR tactics in motion even before a possible lawsuit; these tactics could continue even after the verdict is announced.
With the importance of LPR being acknowledged and the amount of media coverage that lawsuits get, it is not surprising that PR professionals are attracted to this niche area.
PR agencies are now offering specialised LPR services. Some of PR agencies which offer LPR in the UK are Kysen PR, Bell Yard, and Byfield Consultancy.
I recommend to you this interview on litigation comunication and media relations. Do listen to it.
I also came across a book (featured right) during my (re)search on this topic. Need I say anything more about LPR?
Endnote: While PR firms are offering specialised LPR services, the same is not reflected in PR education or training in universities. A random survey of the PR courses taught in Universities in the UK and the US have revealed that none of them offer LPR as a separate module. Will this change in the future?
Tags: Law, Litigation, PR Practitioner
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January 7, 2009 at 3:05 pm
[...] PR, the Law and Me a student’s weblog « Litigation PR [...]
January 7, 2009 at 4:33 pm
“Litigation PR:” that phrase is quite telling on how closely PR practitioners and lawyers are related. At the same time, it highlights their distinct differences and boundaries as far as their respective roles are concerned. Yet I don’t really see how fair it is that while lawyers are prevented from influencing public opinion, LPR, on the other hand, should be allowed to manipulate the same – which, as you’ve pointed out, has a heavy influence on the final in-court verdict. Call me idealistic again, but although as you say LPR appears to be growing in appeal, I don’t see why it should have a role in this sense any at all as it just adds another manipulative dimension to the already manipulative arena of courtroom law.
Granted, public opinion might not be the deciding factor for a verdict, but I don’t see the need for it to be that much of a factor at all. Leave the lawyers to do their jobs in the courtroom. Their expertise and the evidence should be the deciding factors in the eventual outcome of a case, not because it is aided by public opinion, who are likely more than willing to pander to LPR’s “rosying up” of the situation anyway- especially for guilty-as-hell celebrity defendants like OJ Simpson and Bill Clinton, who some segments of the public would’ve been willing to ride-and-die for regardless of the evidence against them and w/o the added push from LPR. Without those cases being played up so much in public spotlight like they were, quite likely by LPR experts, then they would have well gotten the proper verdict the evidence called for and not the slap on the wrist that public advantage granted them due to buttered-up LPR persuasions. Sure, LPR is where the money and fame are being made! But I say: Go play PR officer somewhere else…
January 7, 2009 at 7:57 pm
I was pretty disappointed with this post of yours. You have just skimmed the surface of Litigation PR. You write much better! What happened?
January 10, 2009 at 6:14 pm
I would be very interested to know if a PR pro or a PR firm has been taken to court either by a dissatisfied client or for wilfully going against the public interest.
Doctors can be sued( it is a thriving industry in the US); lawyers and PR guys are difficult to pin down.
January 11, 2009 at 1:40 am
Dear Cynic,
You might like to follow this link: http://www.smh.com.au/news/global-warming/the-climate-change-smokescreen/2008/08/01/1217097533885.html
This talks about the world’s PR deadliest campaign in which Exxon Mobil funded PR agencies to deny global warming. In August 2008, this fact became public. Your question about whether a PR firm has been taken to court is a vaild one as the PR firms would be considered as co-respondents in the court of law, if this goes into litigation.