Courting the Media: Public Relations for the Accused and the Accuser
By Margaret A. Mackenzie
Praeger Publishers, Westport, CT, 2007
Hardcover, 190 pages, $39.95
Reviewed by David M. Freedman

It is an anecdotal book, easy to read, and authoritative. It focuses mainly on public relations strategies and tactics in high-profile criminal cases (including white-collar), though Mackenzie also talks about dealing with the press in high-profile custody disputes, personal injury cases, and others.

In the first chapter, titled "The Power of the Press," Mackenzie goes a step further than Cochran in establishing the need for good PR in high-profile cases. In the above quote, Cochran was talking about "swaying public opinion," which can certainly affect the reputation and livelihood of the accused, even if acquitted. Mackenzie extends that beyond the public in general to judges and juries specifically:

The depiction of a suspect or defendant by CNN, the nightly news, The New York Times, or the local home town [sic] paper—the court of public opinion—even before a trial or a conviction, will frequently influence what happens in front of a judge or jury.

The author emphasizes the wisdom of hiring "a media specialist who works in tandem with the lawyer." It may be perceived as self-serving, since that's her business. But the case studies in this book strongly suggest she is correct. "Until a lawyer has worked with the media on several high-profile cases and gained the experience needed for a successful media relations campaign, there are numerous ways the lawyer can mishandle and overlook media opportunities," Mackenzie says.

Is she stretching a bit when she claims that if you win a case, you have an "ethical obligation to let the public know who the best lawyer was to handle a case"? In other words, good PR on behalf of the lawyer actually helps the public make wise decisions about hiring lawyers.

Regarding which PR professional to hire, Mackenzie advises that "public relations for the accused and the accusers is specialized work...knowledge of the legal system is essential. Lawyers who hire public relations firms that may have a wealth of experience in representing corporations, small businesses or other professionals (like doctors) may find their clients misrepresented. If you hire a PR consultant who doesn't understand the legal system, the media relations campaign may backfire."

So the first lesson of this book is: Hire a media relations professional when you get a high-profile case, unless and until you have worked successfully with the media on several high-profile cases.

Whether or not you do hire a professional, you can learn a lot about working successfully with the media by reading this book. Mackenzie describes how she has worked with defense lawyers to counter inaccurate depictions of defendants foisted on the public through the media by aggressive prosecutors and police. She shows how some celebrities and their lawyers "used the media to their advantage," and also how some failed to do so.

"Not only can [using the media to their advantage] be done ethically, but given what defendants are up against today, it may be unethical to ignore the media when the other side is using every possible opportunity to advance a particular portrayal of the accused or the victim," Mackenzie says.

I consider Courting the Media a companion to another good book about PR in high-profile litigation and criminal cases: Lawyers and Reporters, edited by Robert L. Rothman (ABA Litigation Section, Chicago, 2000).

About the author
Margaret A. Mackenzie is the founder of Professional Profiles (www.lawyerpr.com), a public relations firm that specializes in court-related work, particularly high-profile criminal trials. She has offices in New York and Florida.

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© 2007 Freedman