It’s Personal: Strategic Communications Takeaways for White-Collar Criminal Representations
By Matt Harrison, Partner and Jenny McMichael, Partner
Partner
Partner
High-stakes legal matters are rarely confined to the courtroom. They play out across the news, social media, and office hallways of employers, clients, investors, and competitors. This environment is particularly challenging for individuals involved in white-collar criminal matters, which can quickly become all-encompassing personal crises, requiring close coordination between legal counsel and communications advisors to address both legal and reputational risks.
Below, we share some key takeaways that guide our strategic counsel when supporting individuals who are navigating these dynamics.
1) Develop a core narrative grounded in the facts
In white-collar criminal matters, the process of crafting an effective narrative often begins with gaining a precise understanding of the facts, which not only form a critical part of the messaging but also influence the overarching communications strategy.
As a result, the initial phase of strategic planning and narrative development involves identifying verifiable facts, acknowledges uncertainty where it exists, and allows individuals to explain their actions in the proper context. In collaboration with legal counsel, the narrative also should articulate the key elements of the individual’s defense – without unnecessarily showing the defense’s hand. The resulting core narrative should balance both reputational and legal considerations and provide a consistent framework to guide communications strategy and tactics as the legal process plays out.
2) Resist the urge to get ahead of the facts
Reputational harm can begin long before individuals get their day in court and can persist long after the matter is resolved. While it is understandable that individuals would want to “set the record straight” upon the first hint of allegations, getting too far ahead of the facts can be costly. A mistimed or incomplete statement can carry serious legal consequences, influence investigative outcomes, and exacerbate reputational harm.
During these periods, the development of a strategic plan and core narrative, as well as disciplined “behind the scenes” media engagement and cultivation of supportive third parties, are valuable investments that pay dividends in the future.
3) Remember that the facts alone aren’t everything
Facts alone are rarely enough to satisfy key audiences. This is especially true in today’s media environment, in which salacious and biased reporting, social media amplification, and unfavorable third-party commentary can solidify assumptions quickly, creating reputational consequences that outpace the underlying facts. For individuals, this dynamic raises the stakes for how information is framed, contextualized, and communicated – not just whether it is technically accurate.
Strategic framing of the narrative means presenting the information with the context necessary to be understood fairly – including timelines, motivations, and other key background points that may otherwise be overlooked. This is a delicate undertaking that requires technical knowledge of the legal process and command of the facts to effectively engage with reporters, whose biases can drive the framing of issues as much as the facts alone.
4) Silence as strategy
Silence can be a deliberate and effective communications strategy. As noted above, there are moments when speaking carries significant risk, particularly when facts are still developing, legal exposure is evolving, or public commentary could complicate an investigation. In these circumstances, choosing not to engage publicly can prevent misstatements, limit speculation, and avoid creating soundbites that take on a life of their own.
In many cases, strategic silence allows attention to dissipate rather than escalate. By avoiding unnecessary engagement that fuels coverage or extends the news cycle, individuals can limit amplification and reduce the risk of creating new angles for scrutiny. When paired with careful monitoring and readiness to respond if circumstances change, restraint can be an effective way to protect reputation while issues naturally subside.
It’s personal
For individuals navigating white-collar criminal matters, the stakes are highly personal, and emotion can play an outsized role in shaping decisions and outcomes. To protect reputation, it’s often not enough to only win in court, as an equally important arbiter of liability is the court of public opinion.
We recognize these dynamics and carefully balance the instinct to respond with the discipline to act deliberately. By aligning legal and communications strategy with a compelling narrative, accounting for the emotional toll on individuals, and choosing when and how to engage, individuals can protect credibility during periods of uncertainty and preserve the foundation for what comes next.