Law Times

Law Times • apriL 23, 2018 Page 11 www.lawtimesnews.com Helps with protecting client's image Essential to know how to interact with media BY SHANNON KARI For Law Times O n the day that lawyers for Michael Cohen were in federal court in New York seek- ing a restraining order related to search warrants executed against their client, the personal attorney for U.S. President Don- ald Trump was conspicuously not present. Television news cameras captured him arriving outside a high-end Manhattan hotel, then being greeted warmly by a group of male friends, lounging outside and smoking cigars dur- ing an unusually warm Friday afternoon earlier this month. The imagery was of an indi- vidual under criminal investi- gation unconcerned about what was going on in a court pro- ceeding that could ultimately impact his liberty. Also, given the appear- ances and body language of his friends, there was widespread commentary on social media, including a video clip that went viral with the images of Cohen and his friends accompanied by the theme from the television show The Sopranos. Intentional or not, the media coverage of the gathering ce- mented an image in the court of public opinion that may not be beneficial to Cohen in an actual court. Obviously, the Cohen case and the ongoing special coun- sel investigation in the United States are attracting an intense level of media scrutiny. But no matter what the level of public interest, it is essential to know how to interact with the media and protect your client's image, say lawyers experienced in dealing with the press. "With clients, one of the most important aspects is to prepare them for what they are going to walk into," says Jill Makepeace, a lawyer at Greenspan Humphrey Weinstein in Toronto. "If we can expect media to be present, what we don't want is to be caught off guard," she states. Tracey Tremayne-Lloyd, who has acted in many high-profile disciplinary proceedings, agrees that the client must be fully aware of the aspects of the pro- cess that are separate from the evidence a regulator intends to present. "I always advise the client be- fore a disciplinary hearing and I repeat it several times: 'This is open to the public.' As well, if the press are there, they will likely have camera people, standing right outside," says Tremayne- Lloyd, who heads TTL Health Law in Toronto. The primary focus is the case before the disciplinary panel. But for regulated professionals, the optics outside of the hearing also matter and they say lawyers must do their best to ensure their client is presented in the best light possible. That begins with how a cli- ent enters the building where a hearing is taking place. "We might even go to the me- dia in advance and ask, 'Where do you want us?' Otherwise, they are going to get a photo anyway," Makepeace explains. The goal, she adds, is to en- sure that any photos of a client are "dignified" and do not sug- gest that they are trying to hide from the media. A client should also be in- structed on what to do if caught by surprise by the media, in a parking lot near the location of a hearing, for example. "Do not give a comment. But do not run away. You can pro- vide them with your lawyer's card," says Makepeace. If the media is taking the so- called "walking shot" as a client is entering or leaving a hearing, Tremayne-Lloyd says, her in- structions are clear. "Do not give a statement. But never duck your head. Don't hang your head. Look them in the eye. Do not get involved in an altercation," she states. The lawyer also has a role to play in this interaction with the media, says Makepeace, be- cause family members of the client may not want to be pho- tographed. "We often accompany them into the proceeding so they are not on their own. The lawyer is also there to deal with requests [from the media]," she says. While both lawyers agree that it is a mistake to try to prevent the media from photo- graphing a client, the amount of time they have to do so should be limited. If there are photog- raphers and reporters there at the end of a hearing day, then a vehicle should be waiting out- side. "I tell my client to have a family member or I will have a student or associate pull up, so they can get into the vehicle immediately," says Tremayne- Lloyd. FOCUS See Monitor, page 13 Tracey Tremayne-Lloyd says it depends on the facts of a case as to whether she will provide a quote for the media. We often accompany them into the proceeding so they are not on their own. Jill Makepeace Powered by • Writing for Digital Channels • Harnessing the Digital Medium • Integrated Marketing • The Age of Analytics • Using Social Media to Gain a Competitive Advantage REGISTER NOW AND SAVE 15% JUNE 12 | TORONTO www.legalmarketingmasterclass.com Climb higher with digital marketing Your clients are online and they're increasingly social. To grow your firm you need to build and harness your own personal brand and maximize traffic to your digital assets. Untitled-5 1 2018-04-17 12:57 PM

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