Guiding laws in legal journalism

    Most aspiring journalists at SFSU seem to be leading towards spot news, feature writing, or sports coverage. Some focus primarily on capturing dramatic and newsworthy photographs. Others may not be entirely sure of their specific journalistic interests yet. But all surely desire the sweet inspiring sensation of witnessing a professional journalist reporting on none other but, themselves.

    Jim Wheaton recently led a discussion at SFSU among three reporters who cover the courts system. Journalism students filled the class room, and a more obscure field was unveiled to us. This area focused on legal journalism, and more specifically covering court cases, opinions,  and lawyers, translating legalese into English, and the business of law.

The following text highlights each journalists’ experiential tips and advice for success.

Pam MacLean, has covered the federal courts for UPI, the Daily Journal and others.

On covering court cases:

• [Journalism is] lots of fun, the best profession a person can have
•  Huge range of stories from Hells Angels to PG&E to Loma Prieta
•  Federal court is less accessible then state (no camera, tape recorder)
• Issue: judges closing courtroom (very rare, but does happen)
• Sealing documents is more common- get a card (press pass ID), write letter of request to court to unseal document (save lawyer and $)
• Very often judge just forgets that public may desire sealed info
• When talking to the judge: “Your honor may I address the court…” “I object respectfully to courtroom closing.”
• Reference the 1^st and 14^th amendments as needed
• Understand the meaning of “open” and “closed” courtrooms and cases
• Important: Cultivate sources!!!
• Think outside the box
• What happens if: earthquake, power outage, cell towers down- Always know how to be able to report in any situation
• Never misquote
• Issue: learn to deal with intimidation (from sources, lawyers, etc.)
• Tip: always be nice to court clerks and staff- eventually they will help you out
• Interviewing prisoners: must go through prison system, they must want to see you, and you must be on their visitor list

Fiona Smith, Daily Journal

On covering case opinions and translating legalese to English:

• When covering ongoing cases: the best documents are the motion for summary judgment (quick summary), and the initial complaint (good overview
• To understand cases quickly: read headings, breeze through text, don’t try to read the whole thing, then get comments from sources
• Writing about cases: attempt to paint broad picture, highlighting  negative vs. positive and remembering “why am I writing this?”
• Tip: call early to set up interviews for later, then go back and read through brief (remember to always call and e-mail)
• Always read footnotes in justices’ opinions: they tend to speak informally and therefore are more quotable (can be funny a/o interesting addition)
• Finding case sources: if you can’t get to lawyer, call lawyers involved in a similar case
•  If there is outside involvement in case it is potentially a big deal- take note
• Obtaining case information: often law firms have blogs, sign up for e-mail alerts
• Know about judges: this adds depth to writing--remember that appellate judges are appointed and have political affiliation
• Legalese is hard to translate- don’t get too caught up in lingo
• Always ask lawyers: “Is this important?” and “does this matter?”
• Know some terms. For example:

"THE REMAINDER MAN WAS SEIZED IN FREE." Means: The last person on the will got the property

• Remember: just because something is filed, doesn’t mean it’s true

Jill Redhage, Daily Journal

On the business of law and covering lawyers:

• Began covering crime beat, worked way up to law
• Remember: writing for lawyers changes what news is
• Hardest personal challenge: getting over reputation of journalists as being “pesky, nosy, and pushy”
• Also: challenging to be a F/T reporter and have to write soldier obituaries
• Tip: The more journalists are forced into awkward situations, the better reporters they become, “Just do it!”
•  How do you get used to talking to people who don’t want to talk to you? “Keep doing it!”
• Business beat covers bankruptcy, layoffs, mergers, etc.
• Tip: publications are hiring right now for business beats
• On transitioning from courts to business: “learn cultivation of beat, have sources streaming everyday, and know private companies versus public companies.” Private are not required to show anything
• Tip: Shmooze! Meet and greets will get you far. Learn from sources (lawyers), ask “teach me about _____ law!”
• When a story breaks: write before and be the first, obtain early information by being internal to the company, know inside sources
• Get a sense of power distribution in any industry
• Get to know decision makers, they will verify info
• Remember: sources will mostly be 30+ years older, which puts beginning journalists at a disadvantage, so:

           1)   be confident
           2)   realize you have something they want (power of positive press)
           3)   try to get to know these people

• Tip on interviewing (learned from fellow reporter): “how you ask a question will frame the kind of answer that you get.” Therefore:

          1)   ask simple, direct yes or no questions.
          2)   Wait.
          3)   Their instinct will be to answer truthfully

• Often the best questions are statements: “tell me about your childhood…” or “I’d love to hear more about…”
• Lastly, never fear awkward silence

For further reading and useful sources for law journalism information check out:

The Reporter’s Handbook by Steve Weinberg (chapter on courts and judiciary system)

Cand.uscourts.gov

Pacer.com access to documents

Calbar.ca.gov