CRISIS + STRATEGIC COMMUNICATIONS
Shifting Public Perception and Eliminating the Dreaded “No Comment”
By: Melanie Reid and Dr. Eric Kowalczyk
When a case goes public, many attorneys fall back on the same instinct: say “no comment.” It’s meant to protect the legal strategy. Too often, it does more harm than good.
People decide what they believe fast, often within seconds, and long before the facts catch up. Psychology and communications research explain why: first impressions form emotionally, and “no comment” often reads as “guilty,” whether or not it’s true.
The digital news cycle has only tightened that window. Zealous representation can’t stop at the courtroom anymore. It also has to protect a client’s reputation, since that reputation usually outlives the case.
This article examines the inherent tension between attorneys’ ethical obligations under the Rules of Professional Responsibility and the necessity of effectively managing public perception in high-profile cases. While the legal adage “no comment” may serve an immediate legal strategy, it often proves disastrous for clients’ long-term reputational interests.
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Connection Point is a strategic communications firm, not a law firm. This article, prepared by Melanie Reid, Professor of Law at Lincoln Memorial University-Duncan School of Law, and Dr. Eric Kowalczyk, Founder + Chief Executive Officer at Connection Point, and published in the Mississippi Law Journal Volume 95, Issue 1 (2026), provides general information to attorneys and crisis communicators on how to communicate strategically when litigation and public perception collide. It does not constitute legal advice, nor does it create an attorney-client relationship or any other professional relationship with you, your clients, or your organization. Any pre-trial, trial, litigation, or crisis communication strategies should be properly reviewed by your retained legal and communications counsel before implementation.