Agrusa artfully worded a brief last November arguing against an opposing counsel's request to publicly release her client Bill Cosby's performance contracts.
"We made it clear that when Mr. Cosby's shows are put back on the air and when he is released of all charges he will be out there performing, and he can't have this information out in the public," said Agrusa. Last August, she took over as Cosby's lead attorney as he fights allegations of sexual assault and misconduct by more than 50 women.
A wave of media attention followed. Suddenly the Twitter feeds and blogosphere were ablaze with news that Cosby might stage a comeback - and the debate about whether that was a good or bad thing.
Agrusa, a high-stakes "brand crisis" litigator, scrutinizes every word in her briefs, knowing that anything might be picked up by the media. Because her work requires to preserve - or salvage - her clients' reputations in addition to clearing them of charges, she has to run her theories, concepts and defenses by general counsel, as well as department heads in advertising and public relations. They then have to run messaging tactics by her, both for court papers, social media and mainstream media.
"The messaging in the courtroom and the messaging outside the courtroom play with one another. Public opinion and the court of law have to be addressed in strategy together. It's the law - and it's art," she explained.
In December, a month after Agrusa's brief sparked a media frenzy, Bounce TV announced it was bringing back "The Cosby Show" reruns after pulling them in July 2015.
The same month, Agrusa secured another legal victory for her embattled client, when the 3rd Circuit U.S. Court of Appeals affirmed a Pennsylvania federal judge's dismissal of a defamation suit by former actress Renita Hill against Cosby's attorney Martin Singer over public comments he made about her. Hill v. Cosby, 16-1362 (3rd Cir. Dec. 14, 2016).
Agrusa said the court's decision is important in clarifying several other similar pending cases against her client.
Jury selection for Cosby's criminal trial in Pennsylvania, where he is charged with three counts of aggravated indecent assault involving allegations of drugging and sexually assaulting Andrea Constand, is just around the corner.
Agrusa admitted it's impractical to imagine the jurors not having been exposed to negative media coverage of the case, and believes it's on her to counter any conclusions made in the court of public opinion.
"That's where hope comes into play," she said.
- Lila Seidman
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