Saturday, April 23, 2011

Media Case Plan: different stages, different media needs

The intake interview with a potential client is the right time to have media on your mind. Part of the strength of their case will be what media exist and what could profitably be created for the case?

Research/investigation. Was there media coverage of the incident? This is the easiest (cheapest) moment to archive copies of it. What home movies, photos, documents, trophies, email (see ABA recommendations about e-discovery) exist?

Discovery. You're of course including photos, videos, et al., in your production demands. Are you ready to whip them out at discovery deps? Like the James Thurber cartoon -- attorney confronting witness with a kangaroo, "Perhaps this will refresh your memory."

The Press. Use it judiciously, as it were, and no one loves your media more than a reporter whose job you've already done for them.

Mediation/Settlement. You're ready to scare the insurance company with the heart-wrenching video. It wouldn't be admitted at trial, but it will have an effect on even the most gimlet-eyed adjuster. And the same footage can edited for an admissible Day in the Life.

Trial. The Show.


So your Media Case Plan begins with the first contact and covers the entire timeline of the case. It's never too early to plan, but it could be too late.

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