The internet is today’s printing press, disseminating information—and opinions—at speeds never seen before. As more cases catch the public eye, or rather TikTok’s eye, attorneys must be well-versed in the rules and procedures of the court of public opinion. Press engagement allows individuals to set their own narrative. Individuals, corporations, and law enforcement may be sensitive to public perception, and these factors can help more effectively resolve a matter. But media engagement has unique and serious pitfalls: Clients and their attorneys may face threats and doxing. Publicity can backfire, causing an opposing party to double down and become more combative. Lastly, attorneys who mishandle publicity can face sanctions for unethical conduct. In any event, media engagement requires a balancing act that places the interests of one’s client at its center.

Many ethical rules, exemplified in the Model Rules of Professional Conduct, delineate the outer bounds of acceptable conduct. Pursuant to Rules 1.2 and 1.4, which require attorneys to “abide by a client’s decisions” and to consult with a client about how to proceed in her representation, attorneys must properly advise clients about the benefits and risks of publicity as clients may not want to be in the spotlight. Rule 1.6 prohibits disclosing client information without consent, so such a consultation about media strategy must include detailed, clear discussions about what information her attorney may disclose.