Is “no comment” a good response to media inquiries?
Most attorneys have received calls or emails from reporters about a case they’re working on. Often, reporters ask tough questions that attorneys might be inclined to ignore. So, what do you do when a reporter is asking about a difficult aspect of your case or plans to write an article highlighting a loss?
While it may seem tempting, responding with "no comment" to a media inquiry is almost always a poor strategy. Regardless of the situation, there is always an opportunity to flip the script, go on offense, or even simply restate your position from publicly filed documents. No matter how challenging the inquiry, “no comment” is rarely (if ever) the right response when a reporter calls.
Negative Perception: Saying "no comment" can create a perception of guilt or secrecy. The public and media often interpret this response as an attempt to hide something, leading to increased scrutiny and suspicion.
Damage to Credibility: Not providing your perspective or failing to push back on negative statements can damage your credibility. Consistent communication – even if it's just a simple prepared statement – helps maintain trust with the media and the public.
Public Expectations: The public often expects transparency, especially in high-stakes or public interest cases. A "no comment" response can be seen as a failure to meet these expectations, damaging your reputation and image.
Missed Opportunity: Saying “no comment” represents a missed opportunity to control the narrative. In litigation, opposing parties often utilize the media to their advantage. By not providing a comment, you allow your adversaries and others to shape the story without your input, leading to unfavorable coverage. Losing a chance to present your side of the story also means losing the chance to influence public opinion or mitigate any negative impacts from the story.
Media Relations: Maintaining good relationships with journalists and key media outlets is crucial. Consistently refusing to comment can strain these relationships, making the media less likely to give you favorable coverage in the future. They may also become more persistent in their investigations, potentially leading to more damaging coverage.
Overall, it's essential to work with a communications team that knows that it can create a strategic response that addresses the inquiry while protecting your interests and maintaining relationships with media and stakeholders. A general statement that conveys confidence or redirects the focus without divulging sensitive information is always better than “no comment.”
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