“No Comment” is A Comment That is Bad for the Brand

And other things Lawyers should consider

It happens every day in communities across the country: police arrest someone, or one party sues another, and one of these two statements is most often issued by legal counsel, “No comment” or “We are looking forward to our day in court.” To a degree, this is understandable. Lawyers must protect their clients' trial rights; no one wants to tip their hand and reveal their trial strategy. This approach makes for sound legal judgment. However, the court of public opinion differs entirely from the court of law. A good strategy in the courtroom often creates damaging, brand-defining, long-term ramifications in the public eye. The fallout of failing to define the narrative pre-trial can be difficult, if not impossible, to surmount after any case.

It is precisely in this type of situation that communications professionals and attorneys butt heads. By nature, communications folks want to get stuff out into the open, define the narrative, and ensure their perspective is part of the conversation. Lawyers, for reasons discussed above, would prefer not to say anything. Thus, conflict is inevitable. There is a middle road. A method that allows both defining context and solid legal strategy to exist in the same place. Elevating the story becomes a critical means of protecting legal and brand risks.

First, examining the real damage that occurs with a “no comment” statement is important. No comment is a comment. It says, “We don’t want to talk.” There might be excellent reasons not to talk. However, for the general public, “we don’t want to talk” is no different from “we did the thing.” People learn this lesson very early in childhood. Media and television shows reinforce it, and it is something every parent who has ever had a child go silent rather than admit wrongdoing knows painfully well. These experiences are a visceral part of the lived experience, seen in the seemingly 354 seasons of Law & Order; these perceptions are continuously reinforced in the collective psyche as true. No comment is a statement of guilt.

Equally as dangerous is “we look forward to our day in court.” Really? Do you? Other than the attorney who enjoys the practice of law, does anyone look forward to a trial? No. No, they do not. A trial is the necessary prescriptive outcome in an arrest or tort action. People do not wake up and volunteer to go on trial. No one looks forward to it. Lawyers immediately cast doubt in the listener's mind by saying something so patently unbelievable. Even worse, the number of times that sentence is uttered only to be followed weeks or months later by a guilty verdict further cements the idea that someone who uses that phrase is, well, guilty.

There is a way to elevate the story, provide necessary context, and mitigate legal and brand risk without attacking prosecutors or the other party, giving away vital information, creating exposure to liability, or damaging trial strategy. While this approach might not be at the top of attorneys' minds as a legal strategy, it should be at the top of their minds for the holistic protection of their clients. Crafting messaging to demonstrate emotional resonance with the case, detailing a set of actions that speak to the nature of the case, and creating context and perspective might not only be beneficial for the legal strategy—it is highly beneficial for protecting the client’s brand and image, which has to survive intact long after the trial is over, no matter the outcome.

This approach is good for a client and for future clients. Every person watching the news, reading the newspaper, or seeing stories on social media is a potential future juror. While jurors are asked to set aside their personal feelings and rely only on the facts of a case, they are still human and absolutely bring their perspectives into the jury box. This is the very reason jury selection is such a meticulous process. Every time an attorney offers a “no comment” or similar utterance, they are educating a future jury that defendants want to hide from the truth, not be transparent, and like a kid with a marker in hand who offers no comment about the drawing on the wall, are guilty.

Connection Point has worked with legal counsel in civil and criminal trials in cities and states nationwide. To learn more about Connection Point and how we can help you develop an effective crisis communications strategy when it all goes wrong, please visit: teamcp.co/services