When Your Case Comes to Court: Managing the Media Frenzy at the Courthouse

• Author: James F. Haggerty
• Profession: Lawyer
• Pages: 231-248

231

CHAPTER NINE

When Your Case

Comes to Court:

Managing the

Media Frenzy at

the Courthouse

As we’ve learned, less than 10 percent of cases led in the United States

ever make it to trial—and that’s not counting the huge number of cases

that are settled in the prelitigation phase. But eventually, you may wind

up in the courthouse, pleading your case before judge and/or jury as well

as before public audiences—and you’ll need special skills to deal with

all the various communications elements of the case as it enters its trial

phase.

In this chapter, we look at some of these skills—and also look at the

ways the lessons we’ve learned throughout this book apply when a case

moves into the courtroom for trial. Along the way, we look at some real-

life examples to consider how the techniques that were used effectively in

this case can be used in all legal matters that eventually wind their way

through the litigation system to the courtroom.

“We need to gure out how to get them out of here,” my note read.

The hearing, in a civil lawsuit in federal district court, was not

going well. I was sitting in a back row with my client, the direc-

tor of marketing for a regional health plan, who had retained my

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In the Court of Public Opinion

232

public relations rm to publicize multiple lawsuits led against

both state regulators and several of their competitors. The client

believed that only by exposing the case to the glare of the public

spotlight could they hope to prevail.

Indeed, to broaden media interest in the case, we had worked

with a local nonprot organization, the Coalition for Health, as

it led its own lawsuit. Their court case was running simultane-

ously with ours but before a different judge.

Media coverage was intense, as both local and national media

paid close attention to each court ling by the various parties and

each ruling from the judge.

Today’s hearing was no exception. A handful of local and

national reporters were in the crowd. And at least three television

crews were outside the building, waiting to interview the parties

as they left the courtroom.

So our litigation communications plan was unfolding perfectly.

The only problem was, the case wasn’t. Our side was getting

creamed. We’d already lost twice in state court, and now we were

sitting in federal court with a full contingent of media hanging

on every word. As the hearing went on, it was quickly becoming

clear that the judge was about to throw the case out for lack of

standing.

“I am inclined to rule for the defendant, but I’ll hear your argu-

ment anyway,” the judge said. “See if you can change my mind.”

It went downhill from there.

So I passed the previously mentioned note to my client, who

responded with a note of their own: “Yes, this is a disaster. What’s

the plan?”

Actually, I had no plan. But as is customary in my business, I

would have one shortly.

Clearly, the situation had all the ingredients of a disaster. Our

lawyers were struggling, sweaty and red-faced, at the front of the

courtroom. The media was poised in the back—a incendiary mix-

ture, and we had to do everything we could to ensure we avoided

an explosion. Who knew what our lawyers would say when they

emerged, tail-between-legs, from the courtroom?

“We can’t allow our side to speak to the media,” I wrote on

my notepad. “We need to get back to the ofce to regroup and

then issue a statement.” The marketing director nodded her

agreement.

“Is the Coalition for Health in the courtroom?” I wrote.

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