What do lawyers and public relations professionals have in common? A lot, as it turns out. For starters, both serve to protect their clients and prevent damages, both in terms
of financial and reputational capital. Ironically, though, both historically have suffered harsh public judgment of their characters (deservedly or not), and subsequently have
been marginalized as spin doctors and necessary evils.
Alas, "necessary" is the operative word, as a growing distrust of corporations and a crisis-prone business environment (see page 2) have prompted an inflamed litigious
environment, leaving lawyers and communicators alike to extinguish fires. After all, according to Joe Carberry, head of global public affairs for Visa, "Legal proceedings are
never confined to the courtroom. Even a modest legal claim can create uncertainty and concern with [multiple] audiences," including shareholders, employees, customers and opinion
leaders.
So, like it or not, these often opposing parties must work in tandem with one another to defend their clients; protect shaky reputations; manage crises; and mitigate full-on
disasters. Here's a place to start negotiations:
*Bond over common ground. Lori Teranishi, COO and partner of Van Prooyen Greenfield, LLP, urges PR professionals to take a positive approach to litigation communications by
first realizing the ways in which it can help their organizations--and their own credibility.
"Communications can help prevent litigation by inoculating the company against forthcoming allegations," she says, also pointing out its ability to manage the media and develop
messages that serve as negotiating tools.
That last point is key, as a lawyer's job is to negotiate, shaping malleable realities into some semblance of an argument in their client's favor. If PR professionals can
contribute to that negotiation by providing sound messages that enhance legal's case, their value will be realized from the get-go.
*Being a friend--or at least a welcomed acquaintance--of the legal department. This is dependent upon evolving a relationship over time, rather than in the throes of a
litigious nightmare.
"[Executives] need to use communications to achieve business objectives. Communications strategy should complement legal, and vice versa--help them reach the same ultimate
audience: the people," Carberry says. "Understand the trade-offs, and be willing to make them objectively."
*Go to law school--at least in spirit. No, J.D.s are not required to be effective in litigation communications, but an understanding of the legal lingo is. This is not a
condescending "do your homework" assignment; it's a means of assessing "the areas of vulnerability for your organization," Teranishi says. Carberry concurs, saying that
communications "needs to show dedicated expertise and understand legal basics: process, objectives and strategy."
Here are a few resources that can help reduce the learning curve:
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Black's Law Dictionary, edited by Bryan Garner, is "the definitive legal resource for lawyers, law students and laypeople alike."
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Internet Legal Research Group (http://www.ilrg.com),
a comprehensive, free online resource for information concerning law and
the legal profession.
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Law 101: Everything You Need to Know About the American Legal System (Oxford University Press), by Jay M. Feinman, is a crash course akin to the first year of law
school, but it's written, well, for people who didn't want to go to law school.
*Change the paradigm. "The issue is not a legal issue or a PR issue--it is a corporate issue," Teranishi says. "Establish a relationship with attorneys before a crisis hits,
and create the appropriate processes in advance."
Carberry underscores this by emphasizing that "legal flashpoints affect the company, not just the legal or PR departments." Thus, communicators must change their mind-set from
that of competing objectives to a joint strategy centered around risk mitigation.
*Protect yourself. In what Teranishi calls the "safe-sex approach to engaging with attorneys," she recommends having an up-front discussion so both parties are clear on the
proper protocol for a case, when a specific one does arise. She offers these additional tips:
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"Decide what words are out of bounds" when crafting key messages that will be disseminated to the media and the general public;
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"Understand what strategies will anger a judge or taint a jury pool." This is always done on a case-by-case basis; failing to establish sensitivities beforehand will
inevitably lead to an accidental foot-in-mouth situation that will spoil any happy union between your PR and legal departments.
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"Explain the impact of legal maneuvers to public perception." PR execs aren't always the students of lawyers; they must also convey the potential fallout that a legal
action could have on the public's perception of the company in question.
*Benchmark. Lawyers love precedent, so it's essential to benchmark key milestones, including complaint filings, motions, settlements, trials, post-trial motions and appeals--
these will be the crux of communications opportunities. Teranishi says the best way to prepare for these milestones is to assemble statements and dark sites in advance, and to
recruit and train third-party allies that can add credibility to your organization's position. PRN
CONTACT:
Lori Teranishi, [email protected]; Joe Carberry, [email protected]
Law And Order
Sure, working with lawyers is a big part of litigation communications, but it's not the only part. While they are handling things inside the courtroom, PR professionals are
liaising with every stakeholder group--media, consumers, employees, investors--to communicate key messages, maintain a transparent front and mitigate reputational damages. Here
are a few tips for legal PR strategies that work:
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Establish objective authority. When Levick Strategic Communications stepped up to represent the Pet Food Institute in the wake of the pet food contamination crisis, the
team faced outraged pet owners, an FDA investigation and liable pet food manufacturers. One of its first actions was to form the National Pet Food Commission, a group of industry
and government leaders investigating the root of the problem, and to issue reports and recommendations. This gave Levick's client credibility as an authority that was proactively
responding to the crisis.
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Speak loudly, and leave the stick at home. Mark Chandler, SVP and general counsel of Cisco, took on golden child Apple during a 2007 lawsuit, in which Cisco sued Apple for
its use of the term "iPhone"--a trademark Cisco had held since 2000. The acting spokesperson, Chandler scrapped legal jargon in favor of simple, powerful language that
reverberated throughout the tech community. More important, he explained why Cisco sued Apple, which ultimately led to a resolution between the tech behemoths.
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Remember the importance of the "what's in it for me?" argument. Lawyers will handle the nitty-gritty of the legal proceedings, but communicators can make headway in
influencing public opinion--and these sentiments can impact the ultimate outcome of a case, as well as the speed with which an organization's reputation can recover. Thus, when
applicable, PR execs should commission surveys and studies that demonstrate the impact the situation in question will have on them. That's exactly what the team at XO
Communications and Crawford Public Relations did to help defeat Verizon's petition to raise consumer costs in six markets.
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Take it to the people. Making legal issues accessible to the public is a great way to engage them, especially when you do so without the context of a crisis. Consider it a
way of "democratizing" law and getting media and consumer attention so they will turn to you when actual litigation does occur. You can do this by seeking inspiration from Ford
Harrison LLP and Hellerman Baretz Communications' approach, in which they used situations in the hit sitcom "The Office" as teachable moments regarding, for example, employee
law.
Note: These examples were all winners of PR News' 2008 Legal PR Awards.