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Privilege in Public Relations: Can Clients Protect Communications Between Their Lawyers and PR Firms?

By Jonathan B. New, Patrick T. Campbell and Rachel H. Ofori
May 01, 2024

In today's world of around-the-clock global news and social media coverage, stories of corporate misconduct often take center stage. These stories not only capture headlines but also shape public opinion about the companies involved. And once news of an investigation into corporate misconduct becomes public, regulators, law enforcement, shareholders, and customers expect swift responses.

When crafting such responses, companies typically (and should) turn first to their lawyers for help navigating legal issues in connection with impending investigations. But companies also frequently engage public relations and crisis management firms (PR firms) to help them deal with the negative publicity. When coordinating a company's response to allegations of misconduct, the company's lawyers often speak to its PR firm about legal strategy and risk.

Because PR firms may be considered third parties for privilege purposes, it is crucial that communications between a company's counsel and its PR firm are handled with care to avoid waiving the attorney-client privilege. This article summarizes how courts view communications between a company's counsel and its PR firm during investigations in the context of privilege and provides practical insights and tips for counsel to maintain privilege over such communications.

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