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“Trying to address the media climate in which . . . counsel was operating while attempting to provide information to the public was a legitimate activity, and within the scope of proper litigation strategy.”
The United States Supreme Court has said that a lawyer's duties to his or her clients do not begin "inside the courtroom door," and that a lawyer cannot "ignore the practical implications of a legal proceeding for the client."
Another federal court has said that "in some circumstances, the advocacy of a client's case in the public forum will be important to the client's ability to achieve a fair and just result in pending or threatened litigation."
And, you guessed it, a third federal court said the words at the top of this page.
We don't just agree with these statements. We built our firm around them.
We advocate for clients in the Court of Public Opinion. And we can do so with the benefit of attorney-client privilege.
We define the Court of Public Opinion as a group of people who are not parties to a legal matter or potential legal matter, but whose perceptions of that matter could affect (i) its resolution, and (ii) its impact on the reputation and prosperity of a participant in the matter.
Engaging the Court of Public Opinion helps lawyers and their clients favorably resolve those clients' legal disputes by:
Encouraging favorable settlements;
Countering adverse publicity and public sentiment that could taint or bias jury deliberations;
Finding additional plaintiffs or defendants, including potential class members;
Convincing a plaintiff (including a copycat or “opt out” plaintiff), third party, prosecutor, or regulator to not file a lawsuit, criminal charges, or claims;
Gathering crucial evidence from previously unknown sources; and
Engaging the public in discourse surrounding the issues of import in a particular case.
Engaging the Court of Public Opinion can also help clients:
Tell their "side of the story" of their legal disputes; and
Reduce harm to their reputations and business interests that legal disputes often cause.
In addition to helping resolve their clients' cases favorably, engaging the Court of Public Opinion may provide additional benefits to lawyers, such as:
Improving relationships between those lawyers and their clients, which could lead to clients providing referrals and positive testimonials and reviews;
Increasing the likelihood of referrals from former/current clients and other common referral sources; and
Increasing awareness of those lawyers among their local, professional, and social communities and networks.
We consider the following groups of people to be the most important members of the Court of Public Opinion, and direct our advocacy efforts toward reaching them.
Non-legal executives of an adversary
Elected officials and government regulators
Members of the general public with relevant information about a legal dispute
Potential additional plaintiffs and defendants (and their counsel)
Public figures, thought leaders, and “influencers”
The general public (i.e., potential jurors)
Employees, customers, investors, business partners,
and legal counsel of a client or adversary
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