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IN the COURT of PUBLIC OPINION Hagg A01ffirs.Qxd 1/31/03 3:58 PM Page Ii Hagg A01ffirs.Qxd 1/31/03 3:58 PM Page Iii hagg_a01ffirs.qxd 1/31/03 3:58 PM Page i IN THE COURT OF PUBLIC OPINION hagg_a01ffirs.qxd 1/31/03 3:58 PM Page ii hagg_a01ffirs.qxd 1/31/03 3:58 PM Page iii IN THE COURT OF PUBLIC OPINION Winning Your Case with Public Relations JAMES F. HAGGERTY, ESQ. John Wiley & Sons, Inc. hagg_a01ffirs.qxd 1/31/03 3:58 PM Page iv Copyright © 2003 by James F. Haggerty. All rights reserved. Published by John Wiley & Sons, Inc., Hoboken, New Jersey. Published simultaneously in Canada. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, 978-750-8400, fax 978-750-4470, or on the web at www.copyright.com. Requests to the Publisher for permission should be addressed to the Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030, 201-748-6011, fax 201-748-6008, e-mail: [email protected]. Limit of Liability/Disclaimer of Warranty: While the publisher and author have used their best efforts in preparing this book, they make no representations or warranties with respect to the accuracy or completeness of the contents of this book and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. No warranty may be created or extended by sales representatives or written sales materials. The advice and strategies contained herein may not be suitable for your situation. You should consult with a professional where appropriate. Neither the publisher nor author shall be liable for any loss of profit or any other commercial damages, including but not limited to special, incidental, consequential, or other damages. For general information on our other products and services, or technical support, please contact our Customer Care Department within the United States at 800-762-2974, outside the United States at 317-572-3993 or fax 317-572-4002. Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not be available in electronic books. For more information about Wiley products, visit our web site at www.wiley.com. Library of Congress Cataloging-in-Publication Data: Haggerty, James F., 1965– In the court of public opinion : winning your case with public relations / James F. Haggerty. p. cm. Includes index. ISBN 0-471-30742-4 1. Public relations and law—United States. 2. Public relations consultants—Legal status, laws, etc.—United States. I. Title. KF390.5.P8 H34 2003 347.73′504—dc21 2002153260 Printed in the United States of America. 10987654321 hagg_a01ffirs.qxd 1/31/03 3:58 PM Page v For Elyse, who’s loved me through summer wind and winter wind . hagg_a01ffirs.qxd 1/31/03 3:58 PM Page vi hagg_a01ffirs.qxd 1/31/03 3:58 PM Page vii Acknowledgments he motto on the Haggerty family crest (Hegarty in Ireland) reads “Nec flectitur nec mutant,” which translated from the TGaelic means: “They neither bend nor change.” Anyone who has worked with me (or, for that matter, lived with me) over the years knows just how true that can be. So I have many people to thank. I start with my wife, Elyse DeMayo Haggerty, my partner in the truest sense of the word. Among other things, she has to live with me . and deserves special acknowledgment just for that. Not only has she supported this book from the beginning, but during the development she’s been pregnant, given birth, and cared for our young son Liam (in addition to her fulltime job). Propped up on the couch in the final days of pregnancy, listening to me blather on about publishers and proposals and writer’s block— well, you can imagine the extent to which her contribution goes above and beyond the call of duty. Next, I thank Robert Shepard, in my opinion the best nonfic- tion agent in publishing. He did far more than just bring this book to the right publisher—he nursed the project from conception to completion, and was instrumental in helping a shaky, first-time book author through a process that can be quite daunting (even for someone like me who, over the years, has written numerous articles, speeches, press materials—even fiction on occasion). I must also thank my parents (corny though that might sound): my mother, who grew up in rural northwest Ireland in a two-room house with seven cousins and two grandparents, then worked nights for 20 years so that we would have a better life; and my fa- ther, who handles life with such grace, humanity, and outright courage that he is nothing less than my hero. Together, they taught me that no matter how modest your circumstances, if you work hard and believe, you can succeed—so long as you understand what suc- cess really is. vii hagg_a01ffirs.qxd 1/31/03 3:58 PM Page viii viii ACKNOWLEDGMENTS Professionally, there are more people to thank than I could ever fit in one book. First among them is Alan (Max) Metrick, to my mind the most skilled consigliere in the public relations business, cur- rently the director of communications at the Natural Resources De- fense Council (NRDC). Max has, at various times, been a mentor, employee, business partner, and client—but has, at all times, been a great friend. Then there’s Jeffrey Sandman (who appears at various points in this book), CEO of Hyde Park Communications, another of my closest friends, who works in partnership with me and is the per- fect complement to my sometimes-scatterbrained (I would call it “creative”) methods. Richard Schrader, among the most respected minds in New York City politics, is a senior consultant to The PR Consulting Group and a great friend. Rich reads a book or two each week, and has been enormously helpful in making sure that this book is something he would read. Bruce Berman, a senior counselor to our firm and fellow Wiley author, gave me great advice on the publishing business and how to effectively manage the process. Other political, public relations, and public affairs profession- als have influenced me enormously through the years—taught me most of what I know—and I’m sure I’ve forgotten some, but I espe- cially thank John C. Carns, David P. Warner, Lee Silberstein, John Softness, John F. ( Jack) Drum, Paul DelPonte, Howard Teich, and Richard Aborn. In the legal world, I thank C. Bryant Boydston of the St. Petersburg, Florida, law firm of Boydston, Dabroski & Lyle, who gave me my start. Also thanks to George P. Sape, managing partner of Epstein, Becker & Green, who has been a client, friend, and mentor through the years. Speaking of clients, I should partic- ularly thank Ronald M. Green and all the attorneys at Epstein Becker & Green, a longtime client, along with Pat Martone, Kevin Culligan, Ed Bailey, Jesse Jenner, and all their colleagues at Fish & Neave, another law firm that I have worked with closely. I thank all of the lawyers and clients who have worked with me through the years. Without them, I’d just be “playing office.” I must also give special acknowledgment to the many talented people who’ve worked with me and for me over the years, and played a role in many of the examples in this book. There are too many to mention here, but I thank them all. I also acknowledge those who—over the course of several years—helped with the re- search and writing of this book, including Carol McKoy, Liz Hall, hagg_a01ffirs.qxd 1/31/03 3:58 PM Page ix ACKNOWLEDGMENTS ix Matthew Kramer, Kristen Ruckdeschel, Daphne Kaye, and John Pappas. Finally, I must thank all the editors at John Wiley & Sons, and particularly Debra Englander, who saw the promise of this book from the beginning—that it would be both a treatise (in the best sense of the word) and a good read. Here’s hoping I’ve come close to this original vision. hagg_a01ffirs.qxd 1/31/03 3:58 PM Page x hagg_a02ftoc.qxd 1/31/03 3:59 PM Page xi Contents PREFACE xiii INTRODUCTION xxi CHAPTER ONE WELCOME TO THE HOTSEAT: THIS IS LITIGATION PR 1 CHAPTER TWO ALL CASES ARE PUBLIC: WHY COMMUNICATION IS NOW ESSENTIAL TO MOST LEGAL DISPUTES 29 CHAPTER THREE THE RULES OF MEDIA PROCEDURE—AND HOW TO USE THEM 55 CHAPTER FOUR STEPPING INTO HIGH-PROFILE LITIGATION 81 CHAPTER FIVE THE LITIGATION MEDIA CHECKLIST 119 CHAPTER SIX LAWYERS, CLIENTS, AND PUBLIC RELATIONS PROFESSIONALS: HOW WE CAN WORK TOGETHER 143 xi hagg_a02ftoc.qxd 1/31/03 3:59 PM Page xii xii CONTENTS CHAPTER SEVEN BUILDING YOUR MESSAGE AND THE CREDIBILITY OF YOUR CASE 173 CHAPTER EIGHT THE PLAINTIFF’S PERSPECTIVE: ENSURING YOUR CASE HAS “STAYING POWER” 195 CHAPTER NINE WHEN YOUR CASE COMES TO TRIAL: MANAGING THE MEDIA FRENZY AT THE COURTHOUSE 217 AFTERWORD 237 NOTES 247 INDEX 249 hagg_a03fpref.qxd 1/31/03 4:00 PM Page xiii Preface his is the first book of its kind. It presents a commonsense but, in some circles, radical notion: that public relations Tduring lawsuits should be handled with the same seriousness and care as any other aspect of the case. Whether you’re a business ex- ecutive, corporate counsel, a lawyer at an outside law firm, or a sen- ior communications professional, you need a system for managing communications during litigation, to ensure that you “win” this critical battle—and perhaps, in the process, the war.
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