Few lawyers appreciate the potential public impact of their pleadings nor have the skills to deftly handle media inquiries when they arise. The reflexive response of not speaking about matters potentially before the courts is what is taught in law school — but it is almost invariably misguided. If a story is going to appear, your job should be to help shape it. If your lawyer lacks those skills, switch to a different one or obtain assistance from a crisis management/public relations firm.

But if you do communicate to the media, be cautious. Careless prognostication can result in an action for defamation.

Sometimes reportage on a court case has more impact than the outcome of the case itself. There is no excuse for parties and their counsel to not put their minds to how their pleadings may play out before the public and to ensure that they are equipped to deal with that if it does.