Insight

When PR Bites Back

Sherrard Roe Blog

C. Dewey Branstetter, Jr.

C. Dewey Branstetter, Jr.

December 6, 2024 01:42 PM

When PR Bites Back

March 31, 2015 | Sherrard Roe Blog | C. Dewey Branstetter, Jr.

For anyone involved in a newsworthy dispute, refusing to acknowledge our media-saturated modern world can be a dangerous proposition. As Amy Rao Mohan has already explained in the pages of this blog, attorneys need to embrace crisis communications and have to weigh the costs of falling back on a comfortable “no comment.”

But to disagree with P.T. Barnum’s apocryphal quotation, not all publicity is good publicity. Amy has already touched on the danger of a court’s holding that communications with a PR firm hired in the face of litigation might not be privileged, and you don’t have to be a lawyer to recognize that handing your opponents an outline of your strategy could both be a disaster at trial and a media nightmare. So instead we’re going to focus on a slightly different potential pitfall: when pre-litigation PR ends up coming into a hearing. Here’s one anonymized example.

A local public utility that had been purchasing its product from a nearby city in the same county decided to build its own plant both to be ready to scale up for future growth and to minimize long-term costs for its customers. The city from which the utility had been purchasing was about to lose its biggest customer by far and, perhaps predictably, did not like this plan. So the city hired a PR firm to help it generate opposition to the utility’s plans. The city’s PR firm circulated a petition challenging the utility’s plans to build a plant that appeared to be a grassroots campaign by the utility’s customers, rather than a move by the city itself. At first this PR campaign went swimmingly: where previous petitions had failed, this petition—the PR firm’s petition supposedly circulated by citizens concerned about rate changes should a new plant be built—collected enough signatures to trigger agency review and a contested hearing.

Once this hearing was on the horizon, however, the utility’s attorneys began to seek information from the city, including information about the PR firm and its contract. There was little the PR firm or the city could do to stop this disclosure; the material was certainly relevant to the overall challenge, and, because the city/PR firm relationships did not involve communications for the purpose of legal advice, attorney-client privilege did not offer any shelter. The city and PR firm’s cat was out of the bag.

…because the city/PR firm relationships did not involve communications for the purpose of legal advice, attorney-client privilege did not offer any shelter. The city and PR firm’s cat was out of the bag.

In the end, the utility withstood the petition both during the agency review and on appeal to the chancery court for a number of reasons, and the city-PR firm relationship was likely not the deciding factor. Still, during the hearing, the reviewing agency noted quite harshly that the PR firm’s work had camouflaged the city’s desires as those of the utility’s customers. And on appeal, the court also made a point to describe how the entire case was driven not by citizens but by a the city and the PR firm it had hired.

So what are the lessons here? The first is that a good public relations campaign can really help your cause. In this example, the city used a strong PR campaign to shift from being passively unhappy about a change to momentarily putting the utility on its heels. But the second lesson is that PR campaigns can be too aggressive. Aside from potentially violating rules of professional conduct by doing too much too soon, having a PR campaign backfire can undo all the forward progress you made and perhaps even set you back a few more steps—as the city in our story experienced once it became clear that it had been disguising its actions as those of concerned citizens.

Just as not all legal matters need PR coverage, not all PR work needs to have a lawyer involved. But if a client opts to engage in PR efforts for an issue that might well end up in court (or, in the case of our city, was sure to end up in a hearing), getting legal advice early may be critical to make sure that any initial gains don’t end up coming back to bite you.

Trending Articles

Introducing the 2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore


by Jennifer Verta

This year’s awards reflect the strength of the Best Lawyers network and its role in elevating legal talent worldwide.

2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore

Revealing the 2026 Best Lawyers Awards in Germany, France, Switzerland and Austria


by Jamilla Tabbara

These honors underscore the reach of the Best Lawyers network and its focus on top legal talent.

map of Germany, France, Switzerland and Austria

Effective Communication: A Conversation with Jefferson Fisher


by Jamilla Tabbara

The power of effective communication beyond the law.

 Image of Jefferson Fisher and Phillip Greer engaged in a conversation about effective communication

The 2025 Legal Outlook Survey Results Are In


by Jennifer Verta

Discover what Best Lawyers honorees see ahead for the legal industry.

Person standing at a crossroads with multiple intersecting paths and a signpost.

The Best Lawyers Network: Global Recognition with Long-term Value


by Jamilla Tabbara

Learn how Best Lawyers' peer-review process helps recognized lawyers attract more clients and referral opportunities.

Lawyers networking

Jefferson Fisher: The Secrets to Influential Legal Marketing


by Jennifer Verta

How lawyers can apply Jefferson Fisher’s communication and marketing strategies to build trust, attract clients and grow their practice.

Portrait of Jefferson Fisher a legal marketing expert

Is Your Law Firm’s Website Driving Clients Away?


by Jamilla Tabbara

Identify key website issues that may be affecting client engagement and retention.

Phone displaying 'This site cannot be reached' message

A Guide to Workers' Compensation Law for 2025 and Beyond


by Bryan Driscoll

A woman with a laptop screen reflected in her glasses

Best Lawyers Launches CMO Advisory Board


by Jamilla Tabbara

Strategic counsel from legal marketing’s most experienced voices.

Group photo of Best Lawyers CMO Advisory Board members

Common Law Firm Landing Page Problems to Address


by Jamilla Tabbara

Identify key issues on law firm landing pages to improve client engagement and conversion.

Laptop showing law firm landing page analytics

Changes in California Employment Law for 2025


by Laurie Villanueva

What employers need to know to ensure compliance in the coming year and beyond

A pair of hands holding a checklist featuring a generic profile picture and the state of California

New Employment Law Recognizes Extraordinary Stress Is Everyday Reality for NY Lawyers


by Bryan Driscoll

A stressed woman has her head resting on her hands above a laptop

Turn Visitors into Clients with Law Firm Website SEO That Converts


by Jamilla Tabbara

Learn how to create high-converting law firm landing pages that drive client engagement and lead generation.

Laptop screen displaying website tools to improve client conversion rates

Best Lawyers Introduces Smithy AI


by Jamilla Tabbara

Transforming legal content creation for attorneys and firms.

Start using Smithy AI, a content tool by Best Lawyers

SEO for Law Firms: Overcoming Common Challenges


by Jamilla Tabbara

Tackle common SEO challenges and take the next step with our guide, How to Make Your Law Firm Easier to Find Online.

Graphic image of a phone displaying SEO rankings, with positions 1, 2 and 3 on the screen

Medical Malpractice Reform Trends in Texas, Utah, Georgia and SC


by Bryan Driscoll

A fresh wave of medical malpractice reform is reshaping the law.

Medical Malpractice Reform Trends hed