Raising the BarVirginia Trial Lawyers Association

54th Annual Convention

March 21-24, 2013Colonial Williamsburg

V i r g i n i a T r i a l l aw y e r s a s s o c i aT i o n 2 0 1 3 c o n V e n T i o n

How to Handle the High Profile Case

David D. ParksParksCrump Attorneys At Law, LLC240 North Magnolia Dr.Tallahassee, FL 32301 (850) 222-3333www.parkscrump.com

Handling the High Profile Case Daryl D. Parks, Esq. Parks & Crump, LLC Tallahassee, Florida

Introduction

My firm frequently manages high profile cases and has effectively used the media to

bring situations to the eyes of the public to further advance social justice issues. Handling high

profile cases challenges legal professionals to utilize not only legal skills but also common sense

and alternative strategies to benefit our client. Throughout the years, our colleagues have often

questioned whether the case makes the media or the media makes the case. Without

oversimplifying the answer, it depends. On some occasions, a case comes to an attorney after it

has already garnered media attention on the local, regional, or national level. However,

sometimes a case that has facts and circumstances ripe for media attention falls into the hands of

an attorney, and it’s the attorney’s responsibility to utilize his or her skills as an advocate to

obtain the media coverage necessary in the furtherance of the client’s or public’s interest.

Although no scientific formula exists for how to manage media and high profile cases, our office

has developed an in-house system which I hope other legal practitioners and social justice

engineers will find useful in advocating for their client’s best interest and the public good.

Step I: The Rules

Strategic media use can be an affective form of advocacy on behalf of a client’s interests,

but must be tempered by the legal profession’s ethical regulations. The traditional notion of

“media” connotes television and print media, such as newspapers and magazines. However,

technology has enhanced the affect that media has in shaping public opinion now more than ever.

In an instant, one can create widespread dissemination of information via the internet and social

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media networks, such as Facebook, Myspace and Twitter. Media use is a powerful weapon that

attorneys have in their arsenal to drastically affect the outcome of their case. Within the context

of a society dominated by technology, a truly zealous attorney must not overlook the power in

the use of the media, but must learn how to utilize the media as a non-traditional form of

advocacy without violating the Model Rules of Professional Conduct.

Utilizing the media is not “unprofessional” or “unethical.” Many attorneys fear utilizing

the media because they fear being judged by their professional peers, friends and family; and

they view media use as an unattractive option. Those attorneys need to put their pride aside, and

advocate in the best interest of their client. The rules make it clear that attorneys have a duty not

just to advocate, but to zealously advocate. If an attorney has the ability to use the media to

positively affect a client’s case but chooses not to, he or she may actually be violating the

“zealous advocacy” rule discussed infra. Should the authors of the Rules of Professional

Conduct have intended for attorneys to refrain from using media, they would have written a

blanket prohibition. Instead, the authors could forsee the necessity for attorneys to use the media

as an advocacy tool and carefully constructed the rules to permit media usage. Although not an

exhaustive list of the professional and ethical rules related to the use of media by attorneys, the

justification for use of the media can be found in Model Rules of Professional Responsibility

Rule 1.3 and must be balanced against Rule 3.6.

Rule 1.3 states, “[a] lawyer shall act with reasonable diligence and promptness when

representing a client.”1 Comment one to this rule has earned it the nickname, “the zealous

advocacy rule.” Although the language of the rule does not seem to implicate extraordinary

measures to advocate on behalf of one’s client, comment one to this rule states, “A lawyer should

1 ABA MODEL R. PROF. CONDUCT 1.3(2011). 

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pursue a matter on behalf of a client despite opposition, obstruction or personal inconvenience to

the lawyer, and take whatever lawful and ethical measures are required to vindicate a client's

cause or endeavor. A lawyer must also act with commitment and dedication to the interests of the

client and with zeal in advocacy upon the client's behalf.” This language justifies an attorney

going beyond the traditional forms of advocacy by cooperating with the media to achieve a

favorable outcome for his or her client.

“Zealous advocacy” must be balanced against Rule 3.6 of the Model Rules of

Professional Conduct, which regulates the professional practices of attorneys in the context of

trial publicity.2 Subsection (a) prohibits any attorney involved with the case from making “an

extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by

means of public communication and will have a substantial likelihood of materially prejudicing

an adjudicative proceeding in the matter.”3 However, Rule 3.6 provides that an attorney may

state: “(1) the claim, offense or defense involved and, except when prohibited by law, the

identity of the persons involved; (2) information contained in a public record; (3) that an

investigation of a matter is in progress; (4) the scheduling or result of any step in litigation; (5) a

request for assistance in obtaining evidence and information necessary thereto; (6) a warning of

danger concerning the behavior of a person involved, when there is reason to believe that there

exists the likelihood of substantial harm to an individual or to the public interest.”4

At the outset of a case it may be difficult to discern what information could materially

prejudice an adjudicative proceeding in the matter, so attorneys should proceed with caution

when utilizing media. Rule 3.6 subsection (b) may appear to substantially confine an attorney’s

use of the media, but it actually provides considerable leeway and room for attorneys to argue 2 ABA MODEL R. PROF. CONDUCT 3.6 (a)(2011). 3 Id. 4 Id. at 3.6(b)(1‐6). 

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leniency in interpreting the rules. Attorneys must overcome their fear or shame in the use of the

media, learn the rules, and zealously advocate for their clients in the media when called to do so.

Attorneys who represent clients in high-profile cases must engage in their own press

advocacy on behalf of their client. In high profile cases and when circumstances warrant, an

attorney not only has a right, but indeed an obligation, to advocate for his or her client inside and

outside the courtroom. One must remember to temper the use of media and zealous advocacy in

civil cases in compliance with Rule 3.6 of the Model Rules of Professional Conduct.

Step II: Do I Have a High Profile Case?

The first step is examining your case to ensure that it is either intrinsically high profile, or

that it has the potential to garner public interest. As previously mentioned, no formula exists to

determine whether a case is ripe for media attention, but there are several factors that you can

consider to determine if your case is high profile by nature or has the capacity to become a high

profile case.

Many cases in which the public takes notice immediately involve some law enforcement

entity, whether it is the police, sheriff or highway patrol. Other cases that may not have received

a great deal of media attention at first require advocacy to generate the public interest necessary

to serve our clients. Lastly, some cases achieve a high profile status due to the facts, such as a

great magnitude of personal injury.

If your client retains you and his or her case has already been the feature of news stories,

that case is likely already high profile or has a strong likelihood of becoming high profile if you

capitalize on the initial media attention. Generally, I break media coverage into three categories:

local, regional, and national. If your case is already commanding attention from national news

sources, then you have a high profile case and you will need to manage the media’s message to

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the best of your ability, and if advantageous to your client’s interest, you will need to maintain

the media interest. If the case warrants the attention of local or regional media, there is a chance

that you can heighten the media attention from the local to regional level, or from the regional to

national level. In general, if your case has already received some media attention, there is a

chance that you can turn that case into a high profile case and use media advocacy to your

client’s advantage.

Not all high profile cases start in the media. Some require the attorney to use his or her

advocacy skills to capture media attention. Egregious facts often make a case high profile. If

your case has egregious facts that you believe warrant or necessitate media attention, and the

media has not yet recognized the case’s special circumstances, the attorney must bring the case

to light. Again no scientific equation exists to derive the “high profile” propensity of a case. It

depends largely on the attorney’s instincts and visceral reaction to the circumstances. The

following are examples of some of our high profile cases that had egregious facts warranting

media attention: 81 year-old man shot and killed on his own property by undercover officers,

mentally-ill man beaten and tasered to death in prison, fourteen year-old beaten to death by boot

camp guards captured on tape, bail bondsman shot in the back by police while he was in process

of apprehending fleeing felon, police officers fired over 100 rounds on Collins Avenue in South

Beach hitting and injuring innocent bystanders, football player dies from heat exhaustion after he

loses consciousness and coaches refuse to call 911, police department fails to arrest man who

shot and killed unarmed seventeen year-old carrying an iced tea and a pack of skittles.

As you can see, some of the examples contain facts that are easily recognizable as high-

profile, while some have the makings of a high profile case but need to be brought forward by

the attorney. Another way to quickly determine whether a case has the potential to become high

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profile is finding out whether there is a videotape, photo, or audio recording of the circumstances

at issue. Media and our society often function on the visual interests of its consumers. We are a

“show me” society. Imagery has a tremendous amount of power in the public’s perception of

events and news stories. For example, in the Martin Lee Anderson case, our office obtained a

video-tape containing the last 40 minutes of fourteen year-old Martin Lee Anderson’s life as he

was brutally beaten to death and killed by numerous boot camp guards. In a case in which a

football player died from heat exhaustion, we utilized a photograph of him unconscious on the

ground taken by his teammate on his cell phone that he disseminated to various people asking for

help because his coaches had not called 911. In the example of the police shooting case on

South Beach in Miami, we gathered two videos that captured officers firing over 100 rounds into

a car on Collins Avenue and injuring innocent bystanders. More recently, our office filed a

Public Records Lawsuit and successfully obtained the 911 audio tapes in the Trayvon Martin

case, which contained police officers telling George Zimmerman not to follow Trayvon Martin,

and Trayvon’s haunting cries for help moments before George Zimmerman took his life. The

release of the 911 tapes made the Trayvon Martin case transcend from local and regional

coverage to national and international headlines.

A case involving a public entity or that involves some greater societal interest can often

become a high profile case. For example, the high-speed police chase resulting in the death of a

nun may or may not make local, regional, or national headlines. However, the constitutionality

of conducting high speed chases in densely populated areas has been a topic of national

discussion and come before several state legislatures in recent years. Therefore, a case that may

seemingly warrant only local media attention may earn national recognition if the case also

involves a universal issue of national or wide-spread interest.

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Determining whether your case is high profile or can catch the attention of the media

making it high profile, necessitates careful consideration of the total circumstance. One must

always consider in addition to whether the case is high profile or ripe for media, whether the

additional attention is in the best interest of your client and must also ensure that the bright lights

of the media glare will not be detrimental to your case.

Step III: Drafting a Press Release

The initial communication or media statement will likely come in the form of a press

release. A press release can be created internally by your own office, or you can hire a public

relations firm to draft it for you. The majority of our press releases have been drafted internally.

The common elements that every press release should contain are a headline of your case that is

generally a strong one-line statement, a brief paragraph explaining the facts and circumstances of

your case, the date, time, and location of a press conference if you intend to host one, and contact

information of the individual handling the media for the case. An example of a one-line

statement likely to capture the media’s attention is, “Innocent Bystander Shot by Police as

Officers Unload 100 Rounds on Crowded Collins Avenue During Memorial Day Weekend.”

Your entire press release should be concise, brief, grasp the reader’s attention but not reveal too

many details such that the press can leak the story prior to attending your press conference.

Attorneys must also exercise caution when determining which facts to release to the

media and ensure that whatever you release cannot harm or damage your client or your case.

The timing should also be appropriate. For example, you may want to issue a press release on the

upcoming anniversary of a significant event. Furthermore, you will need to determine whether

to release all of the important information at once, or if you can hold back certain information for

subsequent press conferences lengthening your case’s media exposure.

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Step IV: Identifying Your Audience

In general, you will need to identify whether your case will likely command a local,

regional, or national audience. If your case has already obtained some media attention,

determine whether it is ripe to capture a wider audience. If your case has not yet received any

media attention, you must review the facts and circumstances surrounding your case to determine

the appropriate level of media involvement. Some factors you should consider include the level

of egregiousness of the facts and whether you have any video, photo, or audio evidence; what

geographical regions have an interest in the learning the facts or a vested interest in the outcome,

whether the circumstances involve a universal issue or whether the facts can garner the public’s

interest.

Once you identify a target audience, you will need to research which televised, written,

and radio resources you want to send the press releases and start generating a list of media

sources with corresponding phone numbers, fax numbers, and email addresses. You will need to

develop a press contacts chart/list where you will send press releases.

Step V: Releasing Your Statement to the Press

Begin by utilizing the press contacts chart that you created containing phone numbers,

fax numbers and email addresses. Fax and email a copy of your press release to each intended

recipient. Next, it is critically important that you follow up with each source to confirm that they

received a copy of the press release and that it landed in the hands of the appropriate person.

Oftentimes when you make the call, the operator will direct you to resend the release to a more

specific email or fax number to ensure that the appropriate person received the release.

Immediately update your press contacts chart with those additional email addresses and fax

numbers for future use. If possible, you should also attempt to confirm whether the source plans

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to attend your press conference or cover your story.

Step VI: Preparing Your Message

Never conduct a press conference without first preparing yourself and your clients. You

should create sound bytes for yourself, or statements that you intend to share with the media

about your case. Carefully consider theinformation you desire to share and whether releasing

that information will violate any legal or ethical obligations you have as an attorney or could

harm your client or case in any manner. Do not forget to develop sound bytes for your client and

practice them with him or her. Consult your client to determine what message he or she would

like to share with the press, and help them hone their thoughts into sound bytes that are suitable

to share with an audience. Remember that in general, any statement made by your client will

likely be admissible in court proceedings. Determine the order in which the attorney(s) and

client(s) will speak, and do a few complete dress rehearsals to help ensure you have a quality

outcome and to ease your nerves and those of your client.

The client, not the attorney should be the emphasis of almost every press conference.

You must make the client the focal point, without preparing overly complicated or lengthy sound

bytes for the client to deliver to the press. There is a natural and professionally tendency for any

of us to want to do most of the talking in the media on behalf of the client. However you must

ultimately make a strategic decision. Obviously, your level of comfort with your client’s

speaking skills and personality will play a role in how much latitude you give them when

speaking publicly. You must bear in mind there is great chance the client will testify at some

point in a legal proceeding.

Step VII: Hosting Press Conference

On the day of the press conference, you should arrive early at the venue and determine

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the best location for you and your client to deliver statements, and you may want to do a final

rehearsal if the media has not already arrived. Ensure that you maintain control during the press

conference, and continue to deliver your statements even if reporters attempt to interrupt you

with questions. Wait until the end to entertain the media’s questions and maintain control of the

press conference at all times only allowing your clients to entertain questions that you feel are

appropriate and for which they are prepared. You should also gather business cards of the

people that attend your press conference so you can update your press contacts chart.

Case Review: Martin Lee Anderson

The Martin Lee Anderson case is a prime example of a high profile case involving media

usage that ultimately culminated in a successful outcome for the client and changes in our social

justice system. In Bay County, Florida, several guards brutally beat fourteen year-old Martin Lee

Anderson to death for over forty minutes as a nurse looked on. A video camera captured the

entire incident. The video depicts the officers beating Martin, he becomes unconscious, and the

nurse revives him only so the officers can beat him unconscious again until his body can no

longer be revived. Our office fought vigorously to gain possession of the video-tape capturing

the incident. Parks & Crump took the best piece of evidence, the forty-minute videotape, and

launched a media campaign with the understanding that civil rights cases are an uphill battle.

The case started a student movement on the campuses of Florida State University and Florida

Agricultural & Mechanical University. Several rallies were organized and attended by civil

rights notables such as Jesse Jackson. The media coverage earned the attention of the famous

forensic pathologist Michael Baden from HBO’s show “Autopsy.” Dr. Baden offered to perform

the second autopsy which revealed that Martin did not die from sickle cell complications as the

initial medical examiner had reported, but from suffocation at the hands of boot camp officers.

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Ultimately, the media campaign launched by our office resulted in one of the largest settlements

for a case of its kind in Florida’s history, and the mandatory closing of all juvenile boot camps in

the State of Florida.

Conclusion

When a case is either intrinsically high profile or a skilled advocate creates media

attention for his or her case, proper media usage can provide our clients with a tremendous

advantage in obtaining justice. Not only can media attention positively influence the outcome of

cases for clients, it can bring public awareness to important social justice issues culminating in

overall societal improvements. As attorneys we are uniquely situated to shape our society and

the values by which we live. The media increasingly defines our collective consciousness,

especially in our children’s generations. As social engineers, we have the unique opportunity to

combine two of the greatest influences on creating social change- the media and the law.

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DARYL D. PARKS

Bar Admissions

State of Florida

Practice Areas:

Personal Injury

Wrongful Death Litigation

Medical Malpractice

Nursing Home Neglect

Pharmaceutical Litigation

Education:

Florida State University School of Law

Florida A&M University, B.A. – Political

Science/Economics

Attorney Profile

Daryl Parks is a founding and managing partner of Parks & Crump, LLC. He hails from Haines City, Florida,

and attended Florida A&M University on a Presidential Scholarship. While there, Mr. Parks was the first

Student Body President elected to two consecutive terms and founded the National Coalition of Black College

Student Governments. In 1992, Mr. Parks was selected as Alpha Phi Alpha Fraternity’s National College

Brother of the Year and received his Bachelor degree in political science and economics. He graduated from

the Florida State University College of Law in 1995 and had his first client only one day after being sworn into

The Florida Bar.

After founding Parks & Crump law firm, Daryl Parks quickly established a reputation as a methodical

businessman and relentless attorney. Over the years, he’s had several articles written about his extremely

successful legal career. One Tallahassee Democrat article is entitled “Even With His Success, Attorney Parks

Keeps Focus.” The article brings up part of Mr. Parks inspiration for his work. It points out that “His mother’s

death – after her insurance company refused to pay for a liver transplant – underscores the value he finds in

his personal injury law practice.” Mr. Parks explains, “It’s trial lawyers who challenge the big companies for the

people who couldn’t mount that challenge on their own. Somebody has to hold those doctors and big

companies accountable.”

Attorney Parks is admitted to practice in the State of Florida, the Federal Courts for the Middle and Northern

Districts of Florida and the United States Supreme Court. He has appeared for special purposes before courts

in the states of Georgia, Maryland, Missouri and New Jersey.

Attorney Parks is on the Board of Directors for the Florida Justice Association (FJA) and the Bethel AME

Community Development Corporation. He is a member of the Tallahassee Barristers and the American Bar

Association. Attorney Parks is currently the Vice-President of Finance for the National Bar Association and has

previously served its on board and as General Counsel. He is the past Chair of the Minority Caucus for the

American Justice Association (AJA – formerly ATLA). He has also served on the board of the Florida Bar

Foundation and the Florida Bar Admissions Committee.

Attorney Parks continues his commitment to serving his alma mater as the Vice-Chair of the Board of Trustees

for Florida A&M University and is a board member of the Florida A&M University (FAMU) Foundation, Inc. He

is also the past Chair of the FAMU Boosters.

In the community, Attorney Parks is the Chairman of the board for the Leon County Sickle Cell Foundation and

serves on the board for the Tallahassee Urban League.

Page 1 of 2Daryl D. Parks – Parks and Crump Attorneys at Law

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