© 2008 Margulies Communications Group Media Savvy Litigation in the Internet Age The Margulies Communications Group David Margulies 6210 Campbell Road – Dallas, Texas (214)

© 2008 Margulies Communications Group Gentile v. State Bar of Nevada “An attorney’s duties do not begin inside the courtroom door. He or she cannot ignore the practical implications of a legal proceeding for the client.” “An attorney’s duties do not begin inside the courtroom door. He or she cannot ignore the practical implications of a legal proceeding for the client.” -Mr. Justice Kennedy

© 2008 Margulies Communications Group U.S. District Judge Lewis Kaplan Southern District of New York “…dealing with the media in a high-profile case probably is not a matter for amateurs. Target and her lawyers cannot be faulted for concluding that professional public relations advice was needed.” “…dealing with the media in a high-profile case probably is not a matter for amateurs. Target and her lawyers cannot be faulted for concluding that professional public relations advice was needed.”

© 2008 Margulies Communications Group Warren Buffett “It takes 20 years to build a reputation and five minutes to ruin it.”

© 2008 Margulies Communications Group IRS Commissioner “If they chose to fight this in court, their names will come out, and in instances where people have outstanding reputations in the community, I’m not sure it will play that well when it turns out that somebody sold a business for a gain of $80 million and then chose not to pay any money,” he warned. -Forbes.com

© 2008 Margulies Communications Group Business Week It doesn’t take a Harvard-educated lawyer to recognize that winning a battle in the court of public opinion is easier than winning in a court of law. Business Week 4/25/05

© 2008 Margulies Communications Group What Price Reputation? “Many savvy companies are starting to realize that a good name can be their most important asset- and actually boost the stock price.” Source: Business Week July 9 &

© 2008 Margulies Communications Group The Value of Perception Coca-ColaPepsi+3.3% $4 billion Wal-MartTarget+4.9% $9.7 billion ColgateP&G+6.2% $2 billion CVSWalgreens+6.9% $3.9 billion

© 2008 Margulies Communications Group Damage Prior to Litigation

© 2008 Margulies Communications Group By Tenisha Mercer The Detroit News La-Van Hawkins has gone to the radio airwaves in his battle with Burger King Corp. Hawkins, who last month filed a $1.9-billion lawsuit against Burger King, has appeared on several radio stations in recent weeks, urging listeners to write letters of complaint to the Miami fast-food chain. Damage During Litigation

© 2008 Margulies Communications Group Gilbrook v. City of Westminster 9 th U.S. Circuit Court of Appeals “…public relations work contributed directly and substantially to plaintiff’s litigation goals.”

© 2008 Margulies Communications Group Ethical Considerations A substantial likelihood of materially prejudicing an adjudicatory proceeding. A substantial likelihood of materially prejudicing an adjudicatory proceeding. Information the lawyer knows or reasonably should know is likely to be inadmissible as evidence and would if disclosed create a substantial risk of prejudicing an impartial trial. Information the lawyer knows or reasonably should know is likely to be inadmissible as evidence and would if disclosed create a substantial risk of prejudicing an impartial trial.

© 2008 Margulies Communications Group Common Misconceptions Issue only involves high profile criminal cases. Issue only involves high profile criminal cases. Ethics rules require saying “No comment.” Ethics rules require saying “No comment.” Dealing with the media gives away your trial strategy. Dealing with the media gives away your trial strategy. There is no benefit to the client to comment on legal issues. There is no benefit to the client to comment on legal issues. Saying “No Comment” is the best way to protect your client’s interests. Saying “No Comment” is the best way to protect your client’s interests.

© 2008 Margulies Communications Group Mom Sues for Failure to Garnish Income for Child Support Company A’s lawyers had no comment. Company B lawyers say the suit is without merit. City records show it settled the debt in 2003 with a check for $18,382. A spokesperson said executives “carefully reviewed Ms. Smith’s claim.. And have found it to be without merit.”

© 2008 Margulies Communications Group Common Misconceptions About Litigation Coverage The media is interested in the legal issues. The media is interested in the legal issues. You can’t respond if you don’t know everything. You can’t respond if you don’t know everything. You will get a fair shake if you don’t respond. You will get a fair shake if you don’t respond. Responding will destroy the attorney-client privilege. Responding will destroy the attorney-client privilege. Responding will get you in trouble with the judge. Responding will get you in trouble with the judge.

© 2008 Margulies Communications Group The Right Way Respond immediately to inquiries. Respond immediately to inquiries. Establish a rapport with reporter. Establish a rapport with reporter. Understand motivation for story. Understand motivation for story. Establish client’s role in story. Establish client’s role in story. Provide response before a major investment is made in story. Provide response before a major investment is made in story. Provide backup information. Provide backup information.

© 2008 Margulies Communications Group Preparation = No Story

© 2008 Margulies Communications Group During Trial Help reporters follow evidence and case storyline. Help reporters follow evidence and case storyline. Educate reporters concerning trial developments and procedures. Educate reporters concerning trial developments and procedures. Provide background information for reporters who visit periodically, but do not stay for the whole trial. Provide background information for reporters who visit periodically, but do not stay for the whole trial. Monitor coverage and correct misinformation. Monitor coverage and correct misinformation.

© 2008 Margulies Communications Group QUESTIONS?

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