Professionalism Ethics Series: Media Cases: Dealing with the Media ...
Professionalism Ethics Series: Media Cases: Dealing with the Media-Practical and Ethical Issues Seminar Topic: It is an undeniable fact that legal cases, both criminal and civil litigation, have become fodder for news and entertainment media. This is especially true for cable television where entire shows networks have developed around court cases. In this new environment, it is increasingly probable that every lawyer who does litigation will at some time have a case where he or she will have to deal with the media. Some will just have one or two interviews, while others will have a “media case”. Lawyers need to be prepared. Mr. Brodsky has the knowledge and experience of how these various shows operate, dealing with agents, P.R people, authors, and publishers. In this presentation, Mr. Brodsky shares what he has learned so that you can benefit from his experience and learn from his mistakes. This material is intended to be a guide in general. As always, if you have any specific question regarding the state of the law in any particular jurisdiction, we recommend that you seek legal guidance relating to your particular fact situation.
© Copyright 2013, All Rights Reserved.
Page 1
The course materials will provide the attendee with the knowledge and tools necessary to identify the current legal trends with respect to these issues. The course materials are designed to provide the attendee with current law, impending issues and future trends that can be applied in practical situations.
© Copyright 2013, All Rights Reserved.
Page 2
Copyright © 2013
Printed in the United States of America. All rights reserved. No part of this monograph may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, except for citation within legal documents filed with a tribunal, without permission in writing from the publisher. Disclaimer: The views expressed herein are not a legal opinion. Every fact situation is different and the reader is encouraged to seek legal advice for their particular situation. The Apex Jurist, www.ApexJurst.com is Published by ApexCLE, Inc. www.ApexCLE.com
119 South Emerson St., Suite 248 Mount Prospect, Illinois 60056 Toll Free 8666572004
920 South Spring Street Springfield, Illinois 62704 Toll Free 8666572004
Ordering Information: Copies of this monograph may be ordered direct from the publisher for $24.95 plus $4.25 shipping and handling. Please enclose your check or money order and shipping information. For educational, government or multiple copy pricing, please contact the publisher. Library of Congress Cataloging-in-Publication Data ApexCLE, Inc. 1. ApexCLE, Inc. 2. Law-United States – Guide-books. 3. Legal Guide 4. Legal Education.
© Copyright 2013, All Rights Reserved.
Page 3
About The Author Joel A. Brodsky practices law from his office in Cook County, Illinois, as well as in all courts throughout the State of Illinois. In the past 28 years Joel has been a partner in several law firms, both large and small [3]. Prior to 1996, Joel A. Brodsky was employed Stone & Hughes a medium size law firm which specialized in commercial law. Mr. Brodsky was involved in all areas of the practice, including the litigation of matters in which his clients were large financial institutions and commercial lenders. Since 1987 he has concentrated his practice in the areas of criminal defense and complex commercial litigation.
Mr. Brodsky has tried numerous felony and misdemeanor criminal cases before both juries and bench. Further, Mr. Brodsky has represented clients in both Illinois State Court and Federal Court in commercial litigation matters ranging from trade secrets cases, to legal malpractice, to banking law violations. He has also represented clients in divorce, custody and visitation matters where issues such as religion, junk science evaluations, and visitation interference have been at issue. He has also handled a number of appeals to the Illinois First District Court of Appeals and the Seventh Circuit Court of Appeals. Joel A. Brodsky was born in Chicago on July 24, 1957, and has resided in Chicago his entire life. He attended Drake University in Des Moines, Iowa, where he earned a Bachelor of Arts degree, Cum Laude. He then attended DePaul University School of Law in Chicago where he was awarded his Juris Doctor degree in June of 1982.
Author’s Email Address: Author’s Website: Author’s Mailing Address: Author’s Phone Number:
[email protected] http://www.joelbrodskylaw.com 8 South Michigan Ave. Suite 3200 Chicago, IL 60603 (312) 541-7000
© Copyright 2013, All Rights Reserved.
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I. The media hierarchy – what are the different levels and types of media a. Print media b. Broadcast media: TV, radio, cable i. Internet (blogs, twitter, facebook) – Haters, not media, don’t waste your time ii. Patch – Not legit either – checkbook editors – Do not talk to them
II. How to deal with the media – General principles that apply across the board a. “off the record”, what it really means b. The “exclusive”, the holy grail of journalism c. Tape vs. live – who’s in control d. How that 30 minute interview got to be 15 seconds in the broadcast; e. Spin – that’s what they do – can you control it; f. What a “story” really is i. Print media ii. Broadcast media iii. Cable iv. Fox and Rupert Murdoch owned media – a “different type of journalism” 1. What to expect -2g. The “Sound Bite” i. What is a sound bite ii. How to talk in sound bites so you get your message out iii. How to write in sound bites – press releases (covered later in greater detail)
© Copyright 2013, All Rights Reserved.
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III. Crisis Management
a. How will the crisis present itself? b. Gaining control of the situation i. Get out in front of the story and shape it – immediate 1. AP – One stop shopping and very professional ii. The professional crisis manager iii. The initial statement c. What does your client do? i. When does the old school approach of “say nothing” apply? 1. This is correct most of the time – start here ii. What are the situations where the client should speak? 1. OJ#1, Michael Jackson, Robert Blake 2. George Zimmerman – testified without taking the stand 3. Shape perception – one time and you control.
IV. The local story
a. Local and regional news papers i. Print reporters and how to deal with them ii. How to tell the good from the bad b. Local broadcast and cable media i. Reporters ii. Anchors iii. Producers
V. The National Story- The Media Monster Pounces
a. Who will contact you first i. Bookers – no they are not really producers;
© Copyright 2013, All Rights Reserved.
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ii. How to take charge –get your message out and get the treatment you deserve b. Big Time Network (GMA, Today, CBS Morning, i. Producer – Glorified Booker ii. Executive Producer (this is the decision maker) c. Larry, Greta, Nancy, Geraldo i. They need you more than you need them ii. Playing them off each other and getting your version of the story told iii. What they are really like – what you see is not what you get d. Can you get paid i. The answer is no – But what you can get instead ii. But - Licensing iii. Ethical issues 1. No – could create a conflict 2. But, not if used for defense 1. Set up dedicated account
VI. Developing a media strategy
a. What is your goal b. Gag Orders i. Federal and state gag orders 1. Survey of case law ii. Ethical Rules 1. Rules of Professional Responsibility 1. ABA Model Rules 2. Survey of Federal and state rules 2. Evolution of pre-trial publicity issues 1. Rules 2. Case law 3. Court Orders c. What can be accomplished and what can’t i. Getting your version of the story out ii. The best message is one they accept without having to believe you; iii. Subtle – make them think you want them to buy “A” when you really are selling “B” 1. Overt message vs. covert message-hit them on the subconscious level
© Copyright 2013, All Rights Reserved.
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2. Getting your media opponents to agree with you – nobody wants to be wrong d. Developing relationships with media people and making that work for you i. Can they be trusted and how to tell e. Fit the strategy to the type of media
VII. The Book Deal-So you think the book will make you rich?
a. Ethical issues: Not during case i. Except to get money sole for defense ii. Dedicated account iii. Earnings have no effect on fees b. After case: i. Rules of Professional Conduct 1. Use of information gained during the case 2. Attorney Client Privilege 3. Get permission - waiver c. What a best seller really means d. The book deal – the advance and the contract e. Ethical issues VIII. Press releases i. How to write one 1. Making them quotable 2. What they are looking for ii. How to get it out and how to get it read
IX. Conclusion-What does this all mean?
a. The Client – It must benefit the client i. What are you trying to accomplish ii. Ethical issues and rules b. Is it better just to be quiet i. “No comment” in the internet and 24 hour news cycle age
© Copyright 2013, All Rights Reserved.
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ii. Will they really just go away, and even if they do is that really a good thing; iii. Can the media be ignored? 1. Specific opinions vs. Generally held beliefs 2. c. My conclusions and beliefs i. High profile cases in general ii. Media cases (big and small) iii. The media today
© Copyright 2013, All Rights Reserved.
Page 9
© Copyright 2013, All Rights Reserved.
Page 1
The course materials will provide the attendee with the knowledge and tools necessary to identify the current legal trends with respect to these issues. The course materials are designed to provide the attendee with current law, impending issues and future trends that can be applied in practical situations.
© Copyright 2013, All Rights Reserved.
Page 2
Copyright © 2013
Printed in the United States of America. All rights reserved. No part of this monograph may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, except for citation within legal documents filed with a tribunal, without permission in writing from the publisher. Disclaimer: The views expressed herein are not a legal opinion. Every fact situation is different and the reader is encouraged to seek legal advice for their particular situation. The Apex Jurist, www.ApexJurst.com is Published by ApexCLE, Inc. www.ApexCLE.com
119 South Emerson St., Suite 248 Mount Prospect, Illinois 60056 Toll Free 8666572004
920 South Spring Street Springfield, Illinois 62704 Toll Free 8666572004
Ordering Information: Copies of this monograph may be ordered direct from the publisher for $24.95 plus $4.25 shipping and handling. Please enclose your check or money order and shipping information. For educational, government or multiple copy pricing, please contact the publisher. Library of Congress Cataloging-in-Publication Data ApexCLE, Inc. 1. ApexCLE, Inc. 2. Law-United States – Guide-books. 3. Legal Guide 4. Legal Education.
© Copyright 2013, All Rights Reserved.
Page 3
About The Author Joel A. Brodsky practices law from his office in Cook County, Illinois, as well as in all courts throughout the State of Illinois. In the past 28 years Joel has been a partner in several law firms, both large and small [3]. Prior to 1996, Joel A. Brodsky was employed Stone & Hughes a medium size law firm which specialized in commercial law. Mr. Brodsky was involved in all areas of the practice, including the litigation of matters in which his clients were large financial institutions and commercial lenders. Since 1987 he has concentrated his practice in the areas of criminal defense and complex commercial litigation.
Mr. Brodsky has tried numerous felony and misdemeanor criminal cases before both juries and bench. Further, Mr. Brodsky has represented clients in both Illinois State Court and Federal Court in commercial litigation matters ranging from trade secrets cases, to legal malpractice, to banking law violations. He has also represented clients in divorce, custody and visitation matters where issues such as religion, junk science evaluations, and visitation interference have been at issue. He has also handled a number of appeals to the Illinois First District Court of Appeals and the Seventh Circuit Court of Appeals. Joel A. Brodsky was born in Chicago on July 24, 1957, and has resided in Chicago his entire life. He attended Drake University in Des Moines, Iowa, where he earned a Bachelor of Arts degree, Cum Laude. He then attended DePaul University School of Law in Chicago where he was awarded his Juris Doctor degree in June of 1982.
Author’s Email Address: Author’s Website: Author’s Mailing Address: Author’s Phone Number:
[email protected] http://www.joelbrodskylaw.com 8 South Michigan Ave. Suite 3200 Chicago, IL 60603 (312) 541-7000
© Copyright 2013, All Rights Reserved.
Page 4
I. The media hierarchy – what are the different levels and types of media a. Print media b. Broadcast media: TV, radio, cable i. Internet (blogs, twitter, facebook) – Haters, not media, don’t waste your time ii. Patch – Not legit either – checkbook editors – Do not talk to them
II. How to deal with the media – General principles that apply across the board a. “off the record”, what it really means b. The “exclusive”, the holy grail of journalism c. Tape vs. live – who’s in control d. How that 30 minute interview got to be 15 seconds in the broadcast; e. Spin – that’s what they do – can you control it; f. What a “story” really is i. Print media ii. Broadcast media iii. Cable iv. Fox and Rupert Murdoch owned media – a “different type of journalism” 1. What to expect -2g. The “Sound Bite” i. What is a sound bite ii. How to talk in sound bites so you get your message out iii. How to write in sound bites – press releases (covered later in greater detail)
© Copyright 2013, All Rights Reserved.
Page 5
III. Crisis Management
a. How will the crisis present itself? b. Gaining control of the situation i. Get out in front of the story and shape it – immediate 1. AP – One stop shopping and very professional ii. The professional crisis manager iii. The initial statement c. What does your client do? i. When does the old school approach of “say nothing” apply? 1. This is correct most of the time – start here ii. What are the situations where the client should speak? 1. OJ#1, Michael Jackson, Robert Blake 2. George Zimmerman – testified without taking the stand 3. Shape perception – one time and you control.
IV. The local story
a. Local and regional news papers i. Print reporters and how to deal with them ii. How to tell the good from the bad b. Local broadcast and cable media i. Reporters ii. Anchors iii. Producers
V. The National Story- The Media Monster Pounces
a. Who will contact you first i. Bookers – no they are not really producers;
© Copyright 2013, All Rights Reserved.
Page 6
ii. How to take charge –get your message out and get the treatment you deserve b. Big Time Network (GMA, Today, CBS Morning, i. Producer – Glorified Booker ii. Executive Producer (this is the decision maker) c. Larry, Greta, Nancy, Geraldo i. They need you more than you need them ii. Playing them off each other and getting your version of the story told iii. What they are really like – what you see is not what you get d. Can you get paid i. The answer is no – But what you can get instead ii. But - Licensing iii. Ethical issues 1. No – could create a conflict 2. But, not if used for defense 1. Set up dedicated account
VI. Developing a media strategy
a. What is your goal b. Gag Orders i. Federal and state gag orders 1. Survey of case law ii. Ethical Rules 1. Rules of Professional Responsibility 1. ABA Model Rules 2. Survey of Federal and state rules 2. Evolution of pre-trial publicity issues 1. Rules 2. Case law 3. Court Orders c. What can be accomplished and what can’t i. Getting your version of the story out ii. The best message is one they accept without having to believe you; iii. Subtle – make them think you want them to buy “A” when you really are selling “B” 1. Overt message vs. covert message-hit them on the subconscious level
© Copyright 2013, All Rights Reserved.
Page 7
2. Getting your media opponents to agree with you – nobody wants to be wrong d. Developing relationships with media people and making that work for you i. Can they be trusted and how to tell e. Fit the strategy to the type of media
VII. The Book Deal-So you think the book will make you rich?
a. Ethical issues: Not during case i. Except to get money sole for defense ii. Dedicated account iii. Earnings have no effect on fees b. After case: i. Rules of Professional Conduct 1. Use of information gained during the case 2. Attorney Client Privilege 3. Get permission - waiver c. What a best seller really means d. The book deal – the advance and the contract e. Ethical issues VIII. Press releases i. How to write one 1. Making them quotable 2. What they are looking for ii. How to get it out and how to get it read
IX. Conclusion-What does this all mean?
a. The Client – It must benefit the client i. What are you trying to accomplish ii. Ethical issues and rules b. Is it better just to be quiet i. “No comment” in the internet and 24 hour news cycle age
© Copyright 2013, All Rights Reserved.
Page 8
ii. Will they really just go away, and even if they do is that really a good thing; iii. Can the media be ignored? 1. Specific opinions vs. Generally held beliefs 2. c. My conclusions and beliefs i. High profile cases in general ii. Media cases (big and small) iii. The media today
© Copyright 2013, All Rights Reserved.
Page 9
