What Journalists Wish Lawyers Knew Before Speaking on the Record

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When attorneys speak to reporters on the record, every word can shape a story that lives far beyond the courtroom. On the record interviews can influence public perception, regulators and sometimes even legal opponents. Understanding what journalists need helps lawyers protect their clients while still driving an agenda in the court of public opinion. 

Understand the Newsroom’s Perspective 

Many lawyers assume that issuing a press release or “saying something” is enough to earn coverage. In reality, reporters seldom scan wire services for news – they look for exclusivity, relevance and a compelling hook. Generic wire releases often end up on low authority aggregation sites and can make your firm look like you’re paying for publicity.  

Journalists want to tell human stories that matter; they also need context and documents to build their reporting. If you have a big filing or a verdict, send the public complaint or ruling as soon as possible to help the journalist ask informed questions. When preparing to speak on the record, ask yourself: What would make this story compelling to someone who isn’t a lawyer? 

Know the Rules: On the Record, Background and Off the Record 

Journalists operate under different levels of confidentiality. 

On the record is the default: everything you say can be quoted and attributed to you. It’s useful when you want transparency and credit for a statement, but you must stick to key messages because you can’t take it back. 

On background allows the reporter to use the information without naming you, which is useful when you want to guide a story without being quoted.  

Off the record means the journalist cannot quote or use the information at all; it’s reserved for sensitive context or relationship building and must be explicitly agreed upon beforehand. 

Before any interview, clarify these terms so both sides understand what can be published. 

Build Relationships and Do Your Homework 

Reporters remember lawyers who are helpful, responsive and knowledgeable. Cultivate relationships before you need a headline. We suggest identifying reporters who cover your area, building rapport and learning their beats. When a journalist calls, research the outlet and the reporter’s style. Review past articles to understand their audience and anticipate the angle they might pursue. 

Craft Your Message and Prepare Thoroughly 

An on the record interview is not the time to think out loud. Identify two or three key messages you want the audience to remember and prepare concise talking points. Anticipate likely questions – including hostile ones – and practice bridging back to your messages. Stay calm if the interview becomes confrontational; take pauses and redirect to your core themes.  

Ethics matter. Do not disclose confidential information or speculate on unfiled claims. If you worry about straying into restricted territory, develop detailed talking points and stick to them.  

Never Say “No Comment” 

When reporters ask tough questions, some lawyers resort to “no comment.” That is almost always a mistake. Saying nothing can create a perception of secrecy or guilt, damaging your credibility. It signals to the public that you are hiding something, which invites speculation and negative coverage. Worse, it cedes control of the narrative to opposing counsel or other sources and strains relationships with journalists. 

Instead, prepare a strategic statement that acknowledges the inquiry and pivots to your chosen message. A simple line that refers to publicly available filings or restates your client’s position is better than silence. During crises, the same principle applies.  

RebuttalPR counsels law firms to develop a clear communication strategy, communicate internally so everyone is on the same page, engage proactively with the media and avoid evasive answers. Transparency and timely updates help control the story and maintain trust with both the press and your stakeholders. 

Conclusion 

Lawyers who understand what journalists need before speaking on the record are better positioned to control the story and protect their clients. Do your homework, build relationships and craft messages that resonate with nonlawyers. Know when to speak on the record, when to go on background and when to keep information off the record and always clarify these terms ahead of time. Avoid “no comment” by preparing a thoughtful response that aligns with your narrative. With media training and a long-term communication strategy, attorneys can leverage the press to amplify their clients’ stories, enhance their professional reputation and achieve better outcomes both in and out of the courtroom. 

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