What should an attorney say instead of "no comment"?

What should an attorney say instead of "no comment," and when is "no comment" acceptable?

Here are some alternative responses that provide information without compromising legal strategy:

• "We are aware of the matter and are taking it seriously."
• "We are committed to upholding the highest legal and ethical standards."
• "This is a complex legal matter, and we are following the appropriate procedures."
• "The facts of the case are outlined in the public court documents."
• "We are confident in our position and look forward to presenting our case in the appropriate forum."
• "Due to legal and ethical obligations, we are limited in what information we can share at this time."
• "We will provide updates as soon as we are able to do so."
• "There are some inaccuracies in the reporting, and we want to clarify…"
• “We are deeply concerned about…”
• “We are cooperating fully with investigators.”

In addition to the above, an attorney is legally prohibited from making any public statements about a case when a court-ordered gag order is in place. In this situation, the advice about avoiding "no comment" is superseded by the legal restriction. If pressed for a comment in such a situation, an attorney can state that they are unable to comment due to a court-ordered gag order and, if possible, offer a general statement that does not violate the gag order, such as, "We are abiding by the court's orders and are unable to discuss the details of the case at this time," while maintaining professionalism and avoiding any statements that could be seen as violating the gag order, even indirectly.

While strongly discouraged, "no comment" might be used very sparingly in extreme situations where any statement could severely jeopardize a client's legal position. However, this is rare and should be considered very carefully in conjunction with a PR professional.