The media’s pervasive presence in daily life carries significant implications for legal proceedings and litigation practices. Whether traditional sources such as television, newspapers, magazines, and radio or newer sources of information such as social media, each can play a significant role in influencing anyone exposed to these media channels. For a long time, seasoned attorneys felt no need to utilize social media in their cases or to discuss social media use with their clients. They either swore it off or didn't comprehend its impact and application. Legally and in the court of public opinion, the way the public views a case can have a big impact on how it turns out, and social media is a primary source of information for the jury pool in most venues. 

Social media has a profound impact on public opinion in legal matters. Neglecting to grasp its significance or utilize it in legal cases can prove to be a costly error, potentially determining the outcome of a case.

How does social media impact public perception of high-profile court cases?

Social media algorithms are designed to show content to individuals based on their interests and preferences. As a result, individuals are primarily exposed to information and points of view that confirm their preconceived notions, which leads to the formation of an echo chamber. In high-profile court cases, this can lead to a fragmented public perception, with different groups holding firmly to their own erroneous and biased narratives. Therefore, whichever side of a case leverages social media more astutely can increase their chances of a favorable outcome.

Cameras in the Courtroom Are a Double-Edged Sword

The debate over allowing cameras in the courtroom is a prime example of how public opinion can be influenced. While some argue that cameras increase openness and enable the public to view the evidence firsthand, others caution that they can also be used to manipulate public opinion.

Even without cameras, high-profile individuals are skilled at controlling media narratives. Some use media appearances to shift attention from unfavorable evidence to their statements or conduct. Cameras also make it easier to sway public opinion since biased audiences can cherry-pick information that supports their existing views. And leveraging social media, often in real-time, when cameras are broadcasting a trial, can provide a distinct advantage to the legal team that does a better job of magnifying their narrative from the courtroom.

The Role of Documentaries and Media Coverage

Media coverage and documentaries are important sources of information that influence public opinion in litigation. A narrative in a documentary can be biased, and information can be used selectively to influence viewers' perceptions. 

The "Making a Murderer" documentary is a great example, which painted a skewed picture of the case, and a subsequent documentary, "Convicting a Murderer," provided a fuller picture. The second version challenged the initial narrative and changed public opinion.

This example emphasizes how crucial it is to understand how media representations may affect a case. Legal teams must be ready to confront and refute any prejudiced narratives that may emerge from watching documentaries or reading articles in the media during litigation cases.

Impact on Jurors and Legal Professionals

Jurors and attorneys may still be exposed to material and viewpoints on social media, even if they have been instructed to avoid media coverage. This can impact their judgments and perceptions. In some cases, social media activity has led to calls for mistrials or appeals based on concerns about bias and fairness. It is important to be aware of the influence of even unintended exposure to media coverage about a case. 

Developing a Litigation Communication Strategy

An effective litigation communication strategy is necessary to effectively manage public opinion. The strategy has to be customized to meet each client's unique requirements, address the particulars of the case, and remain consistent with the overall legal strategy. 

1. Understanding the Audience

Identifying the target audience is crucial. Different cases attract different audiences, and understanding their biases and preferred sources of information can help tailor the overall communication strategy. A celebrity-related high-profile lawsuit, for example, is likely to attract a different audience than a corporate litigation case. The approach to managing public opinion in litigation will differ from case to case and from audience to audience. 

2. Proactive Media Engagement

Global audiences have quick access to information thanks to social media platforms. Millions of users can be reached in minutes when news, updates, and comments about well-known court cases become viral. Many times, before all the facts are known, the swift spread of misinformation can be used to shape public opinion.

Proactively engaging with the media can help control this narrative. Attorneys can use media engagement to provide accurate information, clarify misconceptions, and ensure that the client's perspectives are more accurately represented. Being transparent and honest is essential, as credibility is key to gaining public trust.

3. Social Media Monitoring and Response

Social media gives people a forum to express their thoughts and participate in conversations, which can help amplify viewpoints. Attorneys must keep an eye on conversations to gauge current public opinion and can apply some of these techniques for a more desirable public opinion in litigation outcomes: 

➔ Quickly correct false information

➔ Monitor case-related hashtags, mentions, and trending topics

➔ Respond accurately and promptly to stop false information from spreading 

➔ Continue to maintain the desired public image through a complete overall litigation communication strategy

Hashtags and trending topics can further amplify continuous engagement and participation in related conversations, helping increase the visibility and influence of particular viewpoints. 

4. Leveraging Influencers and Allies

In some cases, leveraging influencers and allies who can advocate for the client's perspective can be beneficial. This could include experts, public figures, or organizations with a vested interest in the case. Their support can add credibility and reach a broader audience.

➔ Influential figures, including celebrities, journalists, and public figures, can sway public opinion through their posts and comments.

5. Preparing for Documentaries and Media Reports

Legal teams should anticipate the potential for documentaries and media reports that may impact public opinion. It is crucial to be prepared to counteract biased narratives with factual information. This may involve issuing press releases, providing interviews, or even creating counter-narratives to present a more balanced view. It is critical to be strategic when speaking with the media and responding to biased narratives. “Off-the-cuff” comments should be avoided; all statements to the media or on social channels should be crafted by litigation communication experts in partnership with the legal team. 

6. Training and Preparing Clients

Legal teams increasingly recognize the power of social media and may use it strategically to influence public perception. This can involve issuing statements, sharing favorable information, and countering negative narratives.

Clients, especially those in the public eye, must be trained and prepared for the scrutiny they will face. This includes media training, understanding the importance of maintaining a consistent message, and awareness of how their actions and statements might be perceived.

7. Consulting Psychology Experts

Psychology experts can examine how different demographics interpret information, and what psychological triggers may influence public opinion in which ways. 

They help attorneys craft messages that resonate emotionally and cognitively with the target audience, increasing the likelihood of positive engagement and support. Experts can also guide attorneys on how to counteract negative narratives and manage public reactions. They ensure that social media campaigns are not only persuasive, but also ethical and respectful.

Managing Public Opinion in Litigation with Courtroom Sciences

Managing public opinion in litigation is a difficult task with many facets to consider. Legal teams must create thorough communication plans due to the growth of social media and the impact of media coverage. 

The stakes are elevated in high-profile cases, and the need for a robust litigation communication strategy becomes even more critical. Experts in behavioral psychology can help attorneys create comprehensive strategies to mitigate and shape public opinion in these cases. 

Courtroom Sciences helps attorneys efficiently navigate litigation by providing psychological expertise, science-backed data, and expert support for all phases of litigation. Learn how CSI's litigation consulting experts can improve outcomes for your next case. Speak with one of our experts to get started.

Key Takeaways:

●  Social media rapidly spreads information and shapes public opinion, often creating echo chambers that reinforce existing biases and influence high-profile court cases.

●  Legal teams must be ready to refute biased narratives since the selective presentation of facts in documentaries and media stories can distort public opinion.

●  A well-rounded approach needs to encompass knowing the intended audience, actively engaging with the media, monitoring social media, and utilizing influencers to positively sway public perception.

●  Consulting with psychology, communication, and behavioral experts helps craft emotionally and cognitively resonant messages, counteract negative narratives, and manage public reactions ethically and effectively.

●  Clients need thorough media training to handle scrutiny and maintain a consistent, positive public image throughout the litigation process.