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A recent U.S. District Court
ruling has established that public relations executives
can claim attorney-client privilege before grand
juries. This gives businesses facing a potential crisis
the right to include PR executives in their legal and
strategic planning.
The client in this case
brought in the PR executive to help counterbalance media
reports that had allegedly pressured the district
attorney’s office to bring criminal charges.
In such high-profile cases,
it is not unusual for the person in charge of public
relations strategy to consult with company attorneys
regarding both statements to the media as well as
possible defense strategies.
Often, the court of public
opinion dictates a company’s response to media reports.
In this case, the judge cited months of high-profile
media activity as compelling reason for using a
professional public relations person. The judge wrote
that dealing with the media can be particularly
challenging, and not a task for amateurs.
One of the areas of
expertise cited by the court applies to one of last
month's newsletter articles (See
The Ostrich Approach). The judge stated that
legal representatives might need input from a public
relations expert as to what comments both the attorneys
and company should be making to the media. In the
Martha Stewart example in last month's newsletter, such
input early on could have been invaluable.
Finally, the judge stated
that some of the most fundamental client functions
provided by law firms to clients facing serious scrutiny
could be undermined without the ability to discuss facts
and strategies with a PR expert in confidentiality.
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