Dealing With The Media: Better Start Swimmin’ or You’ll Sink Like a Stone
Casey Anthony’s lawyer, Jose Baez, (with authors).
By Bob Rubin, Doug Peters and Jason Sheffield
Editor’s Note: Given the recent barrage of media attention dedicated to cases in the Atlanta metro area, the authors—Bob Rubin, Doug Peters and Jason Sheffield—were asked to share what they have learned about dealing with the media. This is their story and their advice.
In 1963, Bob Dylan sang, “You better start swimmin’, or you’ll sink like a stone . . .”. Fifty years later, these lyrics ring especially true for lawyers dealing with the media in highly publicized cases.
In State of Georgia v. Hemy Neuman, we handled one of the most highly publicized cases in DeKalb County history. Neuman was charged with the murder of his employee’s husband at a Dunwoody day care. Both the State and the defense alleged that it was a romantic relationship between Neuman and his employee that led to the shooting. The media latched onto the idea of a love triangle leading to murder and the case drew national, even international, attention. Though we had handled newsworthy cases in the past, we had never experienced the media frenzy we faced while representing Neuman.
Half of Americans prefer computers and mobile devices to traditional news outlets such as television, newspapers, and radio[1]. Everyone is going online. And the competition to have the most current news has pushed media outlets to create and exaggerate narratives to draw in viewership and readership. Social media sites like Facebook and Twitter allow anyone to comment, good or bad, on things outside their sphere of knowledge.
Every move made on behalf of clients is fodder for those on the Internet obsessed with the legal system. With so much press and social media discussion about a case prior to trial, it is naïve to think that potential jurors are not exposed to one-sided, inaccurate, and damaging stories.
As soon as he became a suspect, the media vilified Neuman. One of our first tasks as his attorneys was to ensure the case was reported accurately so that the DeKalb County community was open-minded to the idea that our client might actually be innocent. We were unsure of the ethical constraints, however, on speaking to the media. Research revealed that both the American Bar Association rules and the United States Supreme Court recognize that a lawyer’s duties to his client include taking reasonable steps to defend a client’s reputation, not just in the courtroom, but also in the court of public opinion. Gentile v. State Bar Of Nevada[2]; see also ABA Rule 3.6. Those steps include making statements in the press to overcome publicity not initiated by the lawyer.
Understanding that, as Neuman’s attorneys, we had an ethical duty to “reduce the adverse consequences of an indictment,” we developed the following strategy, to keep potential jurors open-minded:
Embrace the media. Stop thinking of the media as the enemy and start building relationships with journalists. We found that, most of the time, reporters try hard to get it right; however, they may not understand the intricacies of the legal system and may misstate issues or the process. They want you to educate them, and to the extent it benefits your client, you should. In Neuman’s case, many in the media did not understand the insanity defense. To help educate them, we voluntarily sat down with several key reporters, individually, and walked them through the finer points of the law, so that when these journalists reported on the issue, it was done so correctly.
Good reporters will want to talk to you “off the record.” Don’t be afraid of these background conversations – it often helps them put the case in context and report the story accurately. By talking to the journalists both on and off the record, you will build trust and collegiality that will help you not only in the current case but also in future cases.
Make a statement. The day of the “no comment” response to the media is over. If the media is going to cover the story, you should have some input in what it will say.
Even if you do not want to talk about the facts of the case, there are many ways to help your client. If you cannot talk about the facts, talk about your client, his or her background, parenting skills, work history, or lack of wrongdoing in the past. If you say it, the press will report it. So say it.
If you do not want to face the media in person, consider a press release. Marketing firms will help you draft and distribute a press release locally, regionally or nationally, depending on your needs. It allows you to say what you want, however you want, without having to answer questions from the media. Once released, however, the press release will exist in cyberspace forever, so be careful and thoughtful in crafting the release.
Pleadings are communication. Finally, realize that all pleadings filed with the court can and often will become part of the story, so be mindful of what you write. During Neuman’s case, we studied every pretrial pleading with an eye to how it was going to be reported in the press. Sometimes we purposely withheld filing motions that we might have filed in other cases because filing the pleadings was likely to lead to the reporting of damaging facts.
In sum, the public is fascinated with the work we do as lawyers, so our trials will likely continue to be fodder for the press and social media. In order to make sure jury pools are not exposed to inaccurate or one-sided coverage, lawyers can no longer stick their heads in the sand and hope the coverage goes away, but instead should take positive steps toward monitoring and directing the dialogue around their cases.
The authors are partners at Peters, Rubin, & Sheffield, P.A. Bob Rubin has practiced criminal defense in state and federal courts for the past 27 years and has been an adjunct professor at Emory Law School for the past 20 years. Doug Peters is a nationally recognized criminal defense attorney, focusing on defending those accused of crimes against children. Jason Sheffield, recognized as a “Rising Star” by Georgia Super Lawyers, is the upcoming treasurer of the Georgia Association of Criminal Defense Lawyers. To contact the authors, please visit www.justiceingeorgia.com.
[1] http://www.poynter.org/latest-news/mediawire/189819/pew-tv-viewing-habit-grays-as-digital-news-consumption-tops-print-radio [2] 501 U.S. 1030 (1991)