In a new survey, reporters assert legal process lacking; lawyers and PR firms need to do more

NEW YORK, Oct. 19 /PRNewswire/ -- Montieth & Company, a special situations management advisory and communications consultancy, announced today the findings from its 2009 "Media and the Law Survey."

"Reporters are trying to cover more litigation than ever, and they need help understanding the core issues of the cases, especially in securities actions," said Montieth M. Illingworth, President, Montieth & Company. "If we want journalists to be able to explain complex legal matters to audiences outside the courtroom, everyone involved in litigation needs to find ways to communicate more effectively with them."

Montieth & Company conducted the survey in September among reporters who have recently written about litigation for newspapers, magazines, online outlets and broadcast media. Nearly all the respondents are based in the U.S., but the survey also included reporters in the U.K., Europe and Asia Pacific who have covered major cases in the U.S.

The survey focused on three aspects of reporting on litigation: obtaining and reading court pleadings, interviewing lawyers for the plaintiffs and defendants, and working with public relations firms representing litigants.

More than 60% of respondents said they had covered more litigation over the last two years. Despite that trend, or maybe because of it, the task of reporting hasn't gotten any easier. Five key findings emerged:

• Over 70% of reporters said if they could change anything about the litigation process, they would make it easier for the news media to access court documents.
  

• Only 2.4% believed that court pleadings -- complaints, answers, responses and motions filed by both parties -- were written in a way that "clearly communicates" the facts and arguments. Two-thirds said pleadings were only "sometimes" clearly written.
  

• Only 31% of respondents said plaintiffs' or defense lawyers were effective in helping them understand the cases and the legal issues involved.
  

• When asked which side in a case was more helpful, lawyers for the plaintiff or the defense, not a single reporter named the defense. More than 38% said plaintiffs' counsel were "more helpful" and 9.5% said "neither."
  

• Half of respondents found public relations firms "somewhat helpful" in communicating on behalf of plaintiffs or defendants. Only 19% said public relations firms were "very helpful," and 28.6% said they were "not helpful at all."
  

The survey also provided reporters the opportunity to recommend improvements to "the litigation process." Answers included:

• "I wish lawyers were more open to talking to reporters about their cases."
• "I speak 'court,' but some of my co-workers don't, so plain English would be appreciated."
• "More disclosure of background to the cases."
• "I would simplify PACER to enable nationwide searches across all courts, as opposed to having to know the venue." (PACER provides public access to online case and docket information from Federal appellate, district and bankruptcy courts, and from the U.S. Party/Case Index.)
  

Montieth & Company conducted the survey after seeing a dramatic increase in the work carried out by the firm's Litigation & Regulatory practice over the previous two years. Montieth & Company has advised on some of the most high-profile matters in the courts and news headlines. The firm provides litigation strategy and communications counsel, including media relations, on a wide variety of matters, from Securities and Exchange and Department of Justice actions to civil and criminal securities fraud, libel and defamation, contract disputes, EEOC and wrongful termination cases, shareholder activist matters, class action product liability and Congressional investigations.

"Litigation is complicated by definition -- and probably always will be," said Illingworth. "Whatever can be done to help the news media understand the facts and arguments of a case serves the interests of both plaintiff and defendant. The more we can raise the standards of legal reporting, the higher the public's confidence in our system of justice and its satisfaction with the legal profession."

For a copy of the complete survey results, please contact Emily Mayrath, Associate, Montieth & Company, at 212-284-7626 or emayrath@montiethco.com. The results can also be found at www.montiethco.com.

About Montieth & Company

Montieth & Company is a special situations management advisory and communications consultancy. Based in New York, NY, the firm provides counsel on litigation and regulatory actions, financial communications and investor relations, and issues and crises management.

For more information on the company, please visit our website, www.montiethco.com. Also visit our blog, Reputation and Wall Street, at www.montiethco.com/blog/.

    Media Contacts:
    Emily Mayrath                           Montieth M. Illingworth
    Montieth & Company                      Montieth & Company
    Telephone:  212-284-7626                Telephone: 212-284-7625
    E-mail:  Emayrath@montiethco.com        Email: Montieth@montiethco.com

SOURCE Montieth & Company

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