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
Montieth & Company
